Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court held that the petition cannot be entertained to quash the abolition; instead, the petitioner must make a fresh representation for a compassionate appointment in accordance with the State's policy.
Summary
The petitioner, Ravi Kumar, son of a deceased Class‑IV employee of Ara Municipal Corporation, filed a writ petition seeking a compassionate appointment after the post he claimed was abolished by Notification No. 4136 dated 16‑08‑2023. The State argued that compassionate appointments cannot be made to the abolished Group‑D/Class‑IV post and would only be considered if the petitioner were eligible for a Group‑C post. The Court examined the memorandum and found that the Group‑D post had indeed been abolished, and the State’s policy allowed consideration only for eligible Group‑C candidates. Consequently, the Court directed the petitioner to file a fresh representation before the Executive Officer of the Municipal Corporation within 30 days, attaching the order, and instructed the respondent to consider the application in light of the memorandum. The writ petition was thereafter disposed of.
Issues considered
- What is the legal effect of the abolition of the Group‑D/Class‑IV post on the petitioner's claim for a compassionate appointment?
- Whether the petitioner is entitled to a compassionate appointment despite the post's abolition, and if eligibility for a Group‑C post is a prerequisite.
Subjects
- compassionate appointment
- municipal corporation
- Group‑D post
- abolition of post
- writ petition
- representation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7398 of 2024
======================================================
Ravi Kumar Son of Suresh Ram Resident of Village- Karman Tola Ward No.-
38, Post Office- Ara Nawada, Police Station- Nawada, District- Bhojpur, Pin
Code- 802301.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Urban Development
and Housing Department, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Urban Development and Housing
Department, Govt. of Bihar, Patna.
3. The Chairman, District Establishment Compassionate Appointment
Committee, Bhojpur, Ara.
4. The District Magistrate-cum-Collector, Bhojpur, Ara.
5. The Pariyojana Padadhikari-cum-Upnideshak (Planning Officer-cum-
Deputy Director), Town Development and Housing Department, Govt. of
Bihar, Patna.
6. The Nagar Aayukt, Ara Municipal Corporation, Ara, Bhojpur.
7. The Executive Officer, Ara Municipal Corporation, Ara, Bhojpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Govind Mishra, Advocate
For the State : Mr. Abbas Haider (SC-06)
For the Ara Municipal Corporation : Mr. Madan Mohan, Advocate
Mr. Ritik Shah, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for Ara Municipal
Corporation.
2. Learned counsel for the petitioner submits that he is
not pressing relief no.1 i.e. quashing of the notification No. 4136
dated 16.08.2023 issued by the Town Development and Housing
Department, Govt. of Bihar, Patna, by which the Group-D/Class-
IV post of Municipal Corporation has been abolished. Counsel
submits that his prayer is very limited based on Annexure- R-
Patna High Court CWJC No.7398 of 2024(2) dt.03-02-2026
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1/2, according to which, it is the stand of the State that
compassionate appointment cannot be made on Group-D post.
But if, the petitioner has the eligibility to be appointed on
Group-C post, then in that case, his application may be
considered.
3. After hearing the parties, it transpires to this Court
that the mother of the petitioner was working on Class-IV post in
Ara Municipal Corporation, Bhojpur. During service, she died
and the petitioner being the son of the deceased employee,
interested to be appointed on compassionate ground. Upon
perusal of the letter contained in Memo No. 4136 dated
16.08.2023, it is crystal clear that the post of Group-D has been
abolished and decision has been taken at the level of Bihar
Housing Department that if, anyone having eligibility for
appointment on Group-C post, then in that case, his application
may be considered.
4. In this background, this Court only directs the
petitioner to file his fresh representation before the Executive
Officer, Ara Municipal Corporation, Ara, Bhojpur (Respondent
no.7) within 30 days along with a copy of this order and the
Respondent no.7 is directed to do the needful and consider his
case in the light of the Annexure- R-1/2 i.e. letter contained in
Memo No. 4136 dated 16.08.2023. The typed copy of the said
letter contained in Memo No. 4136 dated 16.08.2023 is annexed
Patna High Court CWJC No.7398 of 2024(2) dt.03-02-2026
3/3
in the writ petition and the scanned copy of the same is
reproduced as under:-
5. In result, the present writ petition stands disposed
off.
(Dr. Anshuman, J)
Divyansh/-
U
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