Patna High Court
Rajni KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court directed the Municipal Commissioner to pass a reasoned order on the petitioner's representation within 90 days and disposed of the writ petition.
Summary
Rajni Kumari, the widow of a deceased cleaning supervisor of Nagar Nigam Gaya, filed a writ petition seeking a compassionate appointment after her husband's death on 15 June 2025. She had submitted a representation on 1 September 2025 to the Municipal Commissioner, but no order was issued. The petitioner prayed for a mandamus directing the respondents to consider her claim and grant the appointment. The State counsel suggested that the authority should be directed to decide the representation within a fixed time. The Court directed the Municipal Commissioner to pass a reasoned order on the representation within 90 days of the order and disposed of the petition. No substantive order on the appointment itself was made, only a direction to decide the pending representation.
Issues considered
- What relief, if any, can be granted by a writ of mandamus directing a municipal authority to consider a compassionate appointment claim of a widow of a deceased employee?
Subjects
- compassionate appointment
- mandamus
- municipal corporation
- widow's rights
- writ petition
- administrative law
- public service
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.732 of 2026
======================================================
Rajni Kumari Wife of Late Prakash Kumar, Resident of Mohalla-Maranpur,
Chamar Toli, P.O.-Chand Chaura, P.S.-Vishnupad, District-Gaya (Bihar), PIN-
823001.
... ... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Department of Urban Development and Housing
Department, Government of Bihar, Patna.
3. The Commissioner, Magadh Range, Gaya.
4. The District Magistrate, Gaya.
5. The District Development Commissioner, Gaya.
6. The Municipal Commissioner, Nagar Nigam, Gaya.
7. The Executive Officer, Nagar Parishad, Gaya.
8. The Assistant Nagar Parishad, Gaya.
9. The City Manager, Nagar Parishad, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kunal Tiwary, Advocate
For the Respondent/s : Mr. Standing Counsel (18)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for the
following relief/s:-
“I. For issuance of mandamus directing
and commanding the respondents to
consider the claim of the petitioner for
Patna High Court CWJC No.732 of 2026(2) dt.02-02-2026
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grant of compassionate appointment in
view of death of her husband namely,
Late Prakash Kumar on 15.06.2025
who was working as Cleaning
Supervisor in Nagar Nigam, Gaya.
II. For any other relief/reliefs for which
the petitioner is entitled to.”
3. Learned counsel for the petitioner submits that the
petitioner has filed her representation dated 01.09.2025
(Annexure-P/2) before the Municipal Commissioner, Nagar
Nigam, Gaya for consideration of her case on compassionate
appointment. But, till date, no order has been passed on her
representation.
4. Learned counsel for the State submits that a
direction may be made so that the concerned authority may pass
order on the petitioner’s representation (Annexure-P/2) within a
fixed period of time.
5. As such, in the light of the submissions made, the
Municipal Commissioner, Nagar Nigam, Gaya is hereby
directed to pass a reasoned and speaking order on the
petitioner’s representation dated 01.09.2025 (Annexure-P/2) in
accordance with law, within 90 days from the date of production
of a copy of this order.
Patna High Court CWJC No.732 of 2026(2) dt.02-02-2026
3/3
6. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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