Patna High Court
Parshuram IshwarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court directed the respondents to consider the petitioner's compassionate appointment application within eight weeks of receiving a fresh representation.
Summary
The petitioner, Parshuram Ishwar, sought a compassionate appointment as a clerk after his father, a Zila Parishad teacher, died in service in 2017. He filed an application in 2018 and a fresh one in 2025, but the District Education Officer and District Programme Officer failed to act despite a memo (No. 2824 dated 26.09.2025) relaxing the 45% intermediate marks requirement for such appointments. The State argued that the authorities should decide the matter in line with the Deputy Director's directions. The Court ordered the petitioner to file a fresh representation within two weeks and directed the respondents to consider his compassionate appointment claim within eight weeks of receiving it. The writ application was consequently disposed of after these directions.
Issues considered
- Whether the petitioner is entitled to a compassionate appointment under the guidelines issued by the Deputy Director, Secondary Education.
- Whether the responding authorities are obligated to act on the petitioner's application within a specified time frame.
Subjects
- compassionate appointment
- education department
- district compassionate committee
- writ jurisdiction
- death in service
- appointment guidelines
- intermediate marks requirement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6559 of 2026
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Parshuram Ishwar Son of Late Dev Shankar Ishwar, Resident of Village-
Salempur, P.O- Naipur, Police Station- Bachhwara, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
2. The Director, Secondary Education, Education Department, Government of
Bihar, Patna.
3. The Deputy Director, Secondary Education, Education Department, Govt. of
Bihar, Patna.
4. The District Magistrate -Cum- Chairman, The District Compassionate
Committee, Munger.
5. The District Education Officer, Munger.
6. The District Programme Officer (Establishment), Munger.
7. The Headmaster, Gandhi High School, Kutlupur, Munger Sadar, Munger.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar Jha
For the Respondent/s : Mr. Sitaram Yadav, Government Pleader (16)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and
learned counsel for the State.
2. The instant writ application has been filed for the
following reliefs:-
(i) To consider the application of the
petitioner for appointment on the post of
clerk on compassionate ground of the death
of his father in harness on 11.05.2017 from
the post of Assistant Teacher in the light of
Letter No.2814 dated 26.09.2025 issued
under the signature of the Secretary-cum-
Director, Secondary Education, Education
Patna High Court CWJC No.6559 of 2026(2) dt.04-05-2026
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Department, Government of Bihar, Patna as
well as direction contained in Letter
No.2824 dated 26.09.2025 issued under the
signature of the Deputy Director, Secondary
Education, Education Department,
Government of Bihar, Patna, whereby and
whereunder the mandatory marks of 45% in
Intermediate or Equivalent Degree for
appointment on compassionate ground has
been relaxed, as the less than 45% marks in
Intermediate shall be considered for
appointment on compassionate ground.
(ii) To direct the respondent no.5 to place the
matter of the petitioner for appointment on
compassionate ground before the competent
District Compassionate Committee, Munger
for consideration.
(iii) For directing the respondent no.4 to
consider the application of the petitioner for
appointment on compassionate ground in the
light of order contained in Letter No.2814
dated 26.09.2025 (Annexure-P/4).
(iv) For directing the respondent authorities
to appoint the petitioner on compassionate
ground due to death of his father, who died
in harness on 11.05.2017 from the post of
Zila Parishad Madhyamik Teacher leaving
behind him a wife, son and one daughter
those are living in starvation; due to non-
action on the application of the petitioner on
compassionate ground.
(v) For any other relief to which the
petitioner is found entitled.
3. Learned counsel for the petitioner submits that the
petitioner’s father died in harness on 11.05.2017 while serving
as a Zila Parishad Madhyamik Teacher at Gandhi High School,
Patna High Court CWJC No.6559 of 2026(2) dt.04-05-2026
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Kutlupur, Munger, in the district of Munger. The petitioner filed
an application for compassionate appointment within the
stipulated time on 08.05.2018 vide Letter No. 57 dated
08.05.2018 issued by the Headmaster, Gandhi High School,
Kutlupur, Munger, addressed to the District Programme Officer
(Establishment), Munger. It is further submitted that Respondent
Nos. 5 and 6 orally directed the petitioner to file a fresh
application for compassionate appointment. Accordingly, a fresh
application was forwarded by the Headmaster of Gandhi High
School, Kutlupur, Munger, vide Letter No. 29 dated 12.07.2025
addressed to the District Programme Officer (Establishment),
Munger, which is still pending for consideration.
4. It is further submitted that the Deputy Director,
Secondary Education, Education Department, Government of
Bihar, Patna, has already issued Memo No. 2824 dated
26.09.2025 to the District Education Officer, Munger, directing
consideration of the petitioner’s application for compassionate
appointment.
5. Learned counsel further submits that despite
issuance of the necessary guidelines, the representation made by
the petitioner before the District Education Officer, as well as
before the Deputy Director, Secondary Education, has not been
Patna High Court CWJC No.6559 of 2026(2) dt.04-05-2026
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acted upon till date.
6. On the other hand, learned counsel for the State
submits that appropriate directions may be issued, as the matter
relates to compassionate appointment, and the concerned
authorities may be directed to decide the issue strictly in
consonance with the directions issued by the Deputy Director,
Secondary Education, as contained in Annexure-P/3 to the writ
application.
7. Considering the aforesaid, the respondents are
directed to consider the entitlement of the petitioner for
appointment on compassionate grounds within a period of eight
weeks from the date of submission of a fresh representation
along with a copy of this order. The petitioner shall file such
representation within a period of two weeks from today. Upon
receipt of the same, the respondents shall consider the case and
communicate the decision to the petitioner.
8. With the aforesaid observations and directions, the
instant writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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