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- WITHDRAWN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The petition was dismissed as withdrawn.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 The Court accepted the request and dismissed the petition as withdrawn.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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