Patna High Court
Mina DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The writ petition is dismissed and the order rejecting the compassionate appointment stands.
Summary
Mina Devi, the widow of a deceased police constable, and her son Vikash Kumar filed a writ petition seeking a compassionate appointment for the son as a constable, alleging that the elder brother employed in government service does not support the family. The petitioners argued that earlier orders rejecting the appointment, based on the elder sibling's service, ignored relevant letters and the Full Bench decision in Niraj Kumar Mallick (2018) 2 PLJR 951. The State contended that compassionate appointments are not a vested or hereditary right and must follow the applicable rules, citing the Bank of Maharashtra judgment that such appointments are exceptions to the general rule. The court noted that the elder brother earns a substantial income and that the petitioner’s family receives a pension, indicating sufficient financial support. After considering the submissions, the court held that it was not inclined to interfere with the administrative decision. Consequently, the writ petition was dismissed.
Issues considered
- Whether the order rejecting the compassionate appointment of the petitioner on the ground of an elder sibling's government service should be set aside
- Whether the principles laid down in Niraj Kumar Mallick (2018) and Bank of Maharashtra cases compel the authorities to grant a compassionate appointment
- Whether the court can intervene in the administrative discretion exercised in compassionate appointments
Subjects
- compassionate appointment
- public service recruitment
- writ jurisdiction
- eligibility criteria
- government service
- police department
- administrative discretion
- family pension
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7146 of 2025
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1. Mina Devi Wife of Late Nagendra Ram Resident of Ward No.- 13, Panapur
Langa, Near Bhuiya Sthan, P.S.- Hajipur Sadar, District- Vaishali.
2. Vikash Kumar @ Vikas Kumar, Son of Late Nagendra Ram Resident of
Ward No.- 13, Panapur Langa, Near Bhuiya Sthan, P.S.- Hajipur Sadar,
District- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The D.G. of Police, Bihar Special Armed Police, Bihar, Patna.
3. The D.I.G. of Police, Bihar Special Armed Police, Northern Zone,
Muzaffarpur.
4. The Commandant, BSAP-8, Begusarai.
5. The Assistant Police Inspector General of Police (Welfare), Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Hriday Prasad, Advocate
For the Respondent/s : Mr. Government Pleader (26)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 17-03-2026
Heard learned counsel for the petitioners and
learned counsel for the State.
2. The present writ petition has been filed for
issuance of appropriate writ, order or direction to set aside the
order of Commandant BSAP-8, Begusarai dated 27.08.2021
(Annexure-7), order of Commandant cum Chairman
Compassionate Committee BSAP-8, Begusarai dated
28.08.2021 (Annexure-8) and order of A.I.G. of Police, Welfare
Patna High Court CWJC No.7146 of 2025 dt.17-03-2026
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dated 02.12.2022 (Annexure-9) and order dated 30.10.2024
(Annexure-13) by which prayer of petitioner no.2 for
compassionate appointment was rejected on the ground of
employment of elder brother of petitioner no.2 in Government
Service. It is further prayed to direct the respondents to appoint
the petitioner no.2 on the post of constable on compassionate
ground, and for grant of all consequential benefits.
3. Learned counsel for the petitioners submit that
the petitioners had earlier moved before this Hon’ble Court in
C.W.J.C. No. 9847 of 2023 (Annexure-P/10), in which vide
order dated 09.10.2023, petitioners were directed to file fresh
representation with a direction to the respondent authority to
accord due consideration in terms of decision of the Hon’ble
Full Bench in the case of Niraj Kumar Mallick Vs. The State of
Bihar & Ors. reported in (2018) 2 PLJR 951, particularly its
para 47 & 49. Counsel submits that thereafter, during the
pendency of the writ petition, the respondent authority has
passed order dated 30.10.2024 contained in Letter No. 264
(annexed as Annexure-P/13). Counsel submits that the
petitioners filed M.J.C. petition bearing M.J.C. No. 811 of 2024
and the same was dismissed vide order dated 28.03.2025 with
liberty to challenge the said order dated 30.10.2024 contained in
Patna High Court CWJC No.7146 of 2025 dt.17-03-2026
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Letter No. 264 passed by the A.I.G. of Police Welfare, Bihar,
Patna. Thereafter, the petitioners have filed the present writ
petition.
4. Learned counsel for the petitioners further
submits that it is true that the elder son of the petitioner no.1 is
in government service, but the said elder son is not looking after
the family. He submits that Annexure-P/15 and Annexure-P/16
are the letters which are very much relevant for consideration of
the petitioners’ case. But those letters have not been taken into
consideration by the State authorities and the petitioners’ claim
was rejected. Therefore, he submits that the order contained in
Letter No. 264 dated 30.10.2024 be set aside and this writ
petition be allowed and a direction be given to the authorities
concerned to appoint the petitioner no.2 on compassionate
ground.
5. Learned counsel for the State, on the other hand,
submits that the Writ Court has given specific direction for
consideration of petitioners’ case in the light of decision of the
Hon’ble Full Bench in case of Niraj Kumar Mallick (supra).
Counsel submits that the petitioners’ case has been categorically
considered in the light of decision of the Hon’ble Full Bench
and the categorical finding has come in the impugned order.
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Counsel submits that in the counter affidavit, it has been stated
that the Manish Kumar is the elder son and employed in
government service, whereas, the second son is inclined to be
appointed on compassionate ground after the death of his father,
with consent of his mother. Counsel further submits that the
Hon’ble Full Bench in case of Bank of Maharashtra & Anr. Vs.
Manoj Kumar Deharia & Anr. (Writ Appeal No. 1007 of 2007)
decided on 27.10.2009 has categorically held in para 31 that the
compassionate appointment is not a vested right nor is it a
hereditary right. Its grant is based on the policies and scheme
which are framed by carving out an exception to the General
Rule governing public appointment. Once, it is held that it is an
exception to the General Rule and is granted in accordance with
the Scheme or Rules formulated, then considerations to be made
for grant of the appointment would be governed by the
provision of the Rules or the Scheme and in that view of the
matter when the Rules and the Guidelines play a dominant role,
considerations have to be made in accordance with the Rules
and Scheme which are applicable at the time of grant. Counsel
submits that one of the family member of the petitioner no.1 is
in service having income of Rs. 6,31,468/- (Rupees Six Lakhs
Thirty One Thousand Four Hundred Sixty Eight) as per the
Patna High Court CWJC No.7146 of 2025 dt.17-03-2026
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financial year 2023-2024 and the monthly income comes at the
tune of Rs. 52,622/- (Rupees Fifty Two Thousand Six Hundred
Twenty Two).
6. Upon specific query of the court from the
counsel for the petitioners that whether the petitioner no.1 is
getting family pension or not, he submits that he is not in a
position to submit the amount of family pension. But, he fairly
submits that the petitioner no.1 is getting family pension. It also
transpires to this Court from the counter affidavit that the
marriage of daughter of petitioner no.1 has already taken place.
7. As such, this Court is not inclined to interfere in
this matter, and hence, this writ petition stands dismissed.
(Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE NA
Uploading Date 18/03/2026
Transmission Date NA
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