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Patna High Court

Ram Shankar KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The petition was dismissed as withdrawn.

Summary

The petitioner, a resident of Lakhisarai, filed a public interest litigation challenging an order dated 8 May 2025 issued by district officials appointing three individuals—Reshmi Devi, Ajay Kumar and Mahesh Mandal—under a second‑generation compassionate appointment scheme. He alleged that the order was arbitrary, mala‑fide, violated the Bihar Government’s rules and circulars on compassionate appointments and infringed Articles 14, 16, 19 and 21 of the Constitution. The petition sought certiorari, mandamus and other directions to quash the appointment and to prevent similar future appointments. After hearing, the petitioner’s counsel requested withdrawal of the writ petition. The Court accepted the request and dismissed the petition as withdrawn.

Issues considered

  • Whether the order appointing second‑generation compassionate appointments is ultra vires the applicable rules, circulars and constitutional provisions

Subjects

  • compassionate appointment
  • second generation
  • public interest litigation
  • writ petition
  • certiorari
  • constitutional rights
  • Article 14
  • Article 16
  • Bihar Government rules

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.65 of 2026
                 ======================================================
                 Ram Shankar Kumar, S/o- Ramadas Paswan, Resident of Jaitpur, P.S.-
                 Barhiya, District- Lakhisarai.

                                                                                  ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar.
           2.    The Chief Secretary of Bihar Secretariate, Patna.
           3.    The Principal Secretary of Bihar, through Urban Development and Housing
                 Department, Secretariate, Patna.
           4.    Joint Secretary, Urban Development and Housing Department, Secretariate,
                 Patna.
           5.    The District Magistrate, Lakhisarai.
           6.    Deputy Commissioner, Establishment, Lakhisarai.
           7.    District Officer, SC and ST Department, Lakhisarai.
           8.    Urban Executive Officer, Urban Council, Lakhisarai.
           9.    Acting Assistant Principal Secretary cum Co-Accountant Urban Council,
                 Lakhisarai.
           10. Acting Cashier, Urban Council, Lakhisarai.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Mr.Rajnish Chandra, Advocate
                 For the Respondent/s      :       Mr. Vikas Kumar, AC to AG
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE SUDHIR SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

2   09-01-2026                 The present writ petition has been filed in the form of

                   a Public Interest Litigation for the following reliefs:-

                                        “(a) For issuance of writ in the nature certiorari to
                                        quash the impugned order dated 8/5/25 issued by the
                                        Resp. No.5 to 8, and the nature of Mandamus or any
                                        other order/orders direction/directions to ask the
                                        respondents authorizes as to why the such type of
Patna High Court CWJC No.65 of 2026(2) dt.09-01-2026
                                            2/3




                             decision taking by the Resp. No.5 to 8 to appoint
                             double generation second phase of compassionate
                             ground to second time vide order dated 24.04.2025
                             under proposal:
                             (i) Reshmi Devi (Peon)
                             (ii) Ajay Kumar (Sweeper)
                             (iii) Mahesh Mandal (Tax Collector).
                             (b) For this the Hon'ble Court is further prayed to
                             give direction to the respondents authorities when
                             the Ist generation of already appointed previously on
                             the Ground of Compassionate appointment then after
                             death Second time also appointed on compassionate
                             appointment to the para (a) employees are arbitrary,
                             malafide    intension     contrary to        eradicate   the
                             employment and violated the Rules and Regulations
                             of Compassionate appointment because no provision
                             to consideration of Second Generation to create
                             Lawlessness action by Resp. no.5 to 8 to appoint the
                             three persons in the phase of second time against the
                             Rules and circular of the Bihar Govt.
                             (c)   For    issuance     of   writ/writs,     order/orders
                             direction/directions      against     the       respondents
                             authorities as to why the violation of rules, circular
                             of compassionate appointment over looked no
                             provision of appointment of Second Generation
                             dependents family members after second time death
                             of any employees.
                             (d) For that it is against the violation of rules and
                             regulation and against the circular of Bihar Govt.
                             and it is against the violation of Article 14, 16, 19
                             and 21 of the Constitution of India.
                             (e)   For   issuance      of   writ/writs,     order/orders,
                             direction/directions      against     the       respondents
                             authorities to disobey the Govt. orders.
                             (f)   For    issuance     of    any    other     writ/writs,
          Patna High Court CWJC No.65 of 2026(2) dt.09-01-2026
                                                      3/3




                                       direction/directions, order/orders for writ.”


                                2. After some arguments, learned counsel for the

                    petitioner seeks permission to withdraw the present writ

                    petition.

                                3. Accordingly, the present writ petition stands

                    dismissed as withdrawn.



                                        (Sangam Kumar Sahoo, CJ)


                                                 (Sudhir Singh, J)
Sujit/-

U


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