Created by Fuzzy Cloud

Patna High Court

Rajni KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




                                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.