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Patna High Court

Mina DeviversusThe State of Bihar

Decided
Disposal
DISMISSED

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
     ======================================================
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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