Patna High Court
Baidhnath PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
Holding
An application filed within the five‑year limitation must be entertained despite not being in the prescribed format.
Summary
The petitioner, Baidhnath Paswan, filed a writ petition seeking a compassionate appointment after his father, a chowkidar with the Katihar Mufassil Police Station, died in 2015. He submitted an application on 19 February 2019, within the five‑year period prescribed for such claims, but the application was not in the format mandated by Letter No. 2822 dated 27‑04‑1995. The State argued that the petition should be dismissed because the application was filed after five years and was not in the prescribed format. The Court examined the relevant clauses of the Letter, noting that the five‑year limitation was satisfied and that a mere procedural defect should not bar consideration. Consequently, the Court directed the District Magistrate to entertain the application and forward it to the District Compassionate Appointment Committee within 90 days, allowing the writ petition. The order emphasizes substantive rights over technical non‑compliance in compassionate appointment matters.
Issues considered
- Whether an application for compassionate appointment filed within the statutory five‑year period but not in the prescribed format can be entertained.
- Whether procedural non‑compliance alone is a valid ground to reject a compassionate appointment claim.
Subjects
- Compassionate appointment
- Police service
- Time limit
- Procedural defect
- Writ petition
- Administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6470 of 2022
======================================================
Baidhnath Paswan S/o Jyotish Paswan, Resident of Village-Hafulganj, P.O.
Sirania, P.S. Muffasil Katihar, District-Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Home Department,
2. Director General of Police, Bihar.
3. District Magistrate, Katihar.
4. Superintendent of Police, District-Katihar.
5. S.D.O., Kathar.
6. Circle Officer, Katihar.
7. Police Station Incharge Mufasil, Katihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kameshwar Singh, Advocate
For the State : Mr. Md. N.H. Khan (SC-1)
Ms. Babita Kumari (AC to SC-1)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 28-01-2026
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed directing
the respondent authorities to take appropriate steps towards
appointment of the petitioner on compassionate ground, as his
father was working as Chowkidar and died during the service.
3. Learned counsel for the petitioner submits that
the petitioner’s father was Chowkidar in Katihar Mufassil Police
Station, District- Katihar. The petitioner’s father died on
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26.02.2015, leaving behind his four children and wife. Counsel
submits that the petitioner was minor at the time of death of his
father. Counsel submits that the petitioner has filed
representation before the incharge Mufassil Police Station
Katihar, District- Katihar after he become major and passed
intermediate course, forwarding the Anchal Adhikari, Katihar on
19.02.2019 which was recorded as D.R. No. 215. Counsel
submits that the petitioner filed repeated reminder, but at the
level of respondent no.6, no action was taken. Thereafter, the
petitioner had no option left but to move before this Hon’ble
Court for his grievance.
4. Learned counsel for the State on the other hand
submits that the petitioner’s application could not be entertained
due to the reason that he has filed application after five years of
death of his father. Counsel submits that the letter was
forwarded to the District Magistrate, however, since the
application was not filed in the prescribed format and the said
representation was also not submitted in accordance with Letter
No. 2822 dated 27.04.1995 which categorically prescribes a
time limit of five years for filing such applications, the
petitioner’s case has not been considered at all.
5. After hearing the parties and upon consideration
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of the documents on record, it transpires to this Court that the
respondent has annexed Annexure-A, which is Letter No. 2822
dated 27.04.1995, according to which it’s Clause 5 and 6 are
most relevant and states as follows:-
“5- मृ त सरकारी से वक के vkfJr आवे दन
उसी ववभाग मे दे गे जहाँ सरकारी से वक
अं वतम रप मे पदसथावपत थे । उकत
ववभाग आवे दन को भलीभाँ वत ÁkjfEd
जाँच कर ऊपर गवठत सं बंवधत सवमवत के
नाडल पदावधकारी को आवे दन vxzlkfjr
करे गे ।
6- अनु कमपा के आधार पर vkfJr के दारा
वनयु वकत हे तु आवे दन-i= समवपरत करने
की समय-सीमा मृ त सरकारी lsod की
मृ तयु की वतवथ से 5 वरर तक ही रहे गी !”
6. According to the above Clauses, it has to be
placed before the authority in which the father of the petitioner
lastly worked. From Annexure-1, it transpires that the said
application was written to the S.H.O Mufassil P.S. Katihar,
where the petitioner’s father was posted, who has recommended
the matter before the Circle Officer, and the forwarding has also
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been indicated in the said application itself. The said application
is dated 19.02.2019. Admittedly, the petitioner’s father died on
26.02.2015, meaning thereby, it has been filed well within the
period of five years i.e. from the date of death of petitioner’s
father. The only deficiency is that the said application was not
written in the prescribed format.
7. This Court is of the firm view that since the said
application was filed well within a period of five years, non-
consideration of the same solely on the technical ground that it
was not in the prescribed format is not appropriate. Hence, the
District Magistrate, Katihar (Respondent no.3) is hereby
directed to entertain the application of the petitioner and place
before the District Compassionate Appointment Committee
within 90 days from the date of production of a copy of this
order.
8. Accordingly, with the aforesaid direction, this
writ petition stands allowed.
(Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE NA
Uploading Date 31/01/2026
Transmission Date NA
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