Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The court held that the right to a compassionate appointment is exhausted upon acceptance of the original post, and therefore the petition for re‑appointment to a Class‑III post was dismissed.
Summary
The petitioner, Manish Kumar, filed a writ petition seeking to be appointed on compassionate grounds to a Class‑III post instead of the Class‑IV post (Treasury Guard) he had accepted in 2008, contending that the delay should be condoned. The State argued that the right to a compassionate appointment is exhausted once the petitioner accepts the initial posting, relying on Union of India & Ors. v. N. Murugesan & Ors. (2022) 2 SCC 25. The court examined whether a re‑appointment could be ordered after a 16‑year lapse and whether the Supreme Court precedent barred such relief. It held that acceptance of the original appointment terminates the entitlement to a different compassionate posting and that the long delay precludes judicial interference. Accordingly, the writ petition was dismissed.
Issues considered
- Whether the petitioner is entitled to a compassionate appointment to a higher Class‑III post after having accepted a Class‑IV post in 2008.
- Whether the right to a compassionate appointment is exhausted upon acceptance of the initial posting.
- Whether the court can intervene after a lapse of sixteen years despite the petitioner’s claim.
Subjects
- compassionate appointment
- class III post
- class IV post
- right exhausted
- writ petition
- administrative law
- delay
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7496 of 2024
======================================================
Manish Kumar Son of Late Ramayan Tiwari Resident of Ward No-06,
Uttarwari Pokhra, M.J.K Nagar, Bettiah, West Champaran, Bihar-845438
... ... Petitioner/s
Versus
1. The State of Bihar Through the Additional Chief Secretary, Water Resources
Department, Government of Bihar, Patna.
2. The Chief Engineer, Water Resources Department, Purnea.
3. The Superintendent Engineer, Water Resources Department Drainage
Division, Purnea.
4. The Executive Engineer, Water Drainage Division, Water Resources
Department, Raghopur, Supaul.
5. The District Compassionate Appointment Committee, Supaul, through the
Collector, Supaul.
6. The Collector-cum-Chairman, District Compassionate Appointment
Committee, Supaul.
7. The Chief Engineer, Irrigation Creation, Water Resources Department,
Motihari.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Namrata Mishra, Sr. Advocate
Ms. Archana Jha, Advocate
Ms. Anamika Kumari, Advocate
For the State : Mr. Anil Kr. Singh (GP-26)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 20-01-2026 Heard learned Senior counsel Mrs. Namrata Mishra
assisted by Ms. Archana Jha, Advocate for the petitioner and
learned counsel Mr. Anil Kumar Singh (GP-26) for the
Respondent-State.
2. The present writ petition has been filed for the
following relief/s:-
“I. For direction to the Respondent
authorities to appoint the petitioner on
Patna High Court CWJC No.7496 of 2024(3) dt.20-01-2026
2/3
compassionate ground on Class-III post
commensurate with his educational
qualification in place of Class-IV post
(Treasury Guard) w.e.f. 31.10.2008 i.e.
date of his initial appointment on Class-
IV post.
II. For direction to the District
Compassionate Appointment
Committee, Supaul, to reconsider and
recommend for the appointment of
petitioner on Class-III post instead of
Class-IV post commensurate with his
educational qualification as has been
done in other cases of compassionate
appointment in Supaul District.
III. For grant of any other relief/reliefs
to which petitioner may be found
entitled in the facts and circumstances of
the case. ”
3. Learned Senior counsel for the petitioner fairly
submits that it is true that right of compassionate appointment
has been exhausted as soon as the petitioner has accepted the
joining on the post. Senior counsel also submits that there is a
little bit delay in this case. But, the learned Senior counsel
submits that a sympathetical view may be taken into
consideration in such type of matters.
4. Learned counsel for the State on the other hand
Patna High Court CWJC No.7496 of 2024(3) dt.20-01-2026
3/3
submits that the appointment of petitioner on Class-IV post has
been made in the year 2008 on which he has opted to join and in
the year 2024 i.e. about lapse of 16 years, petitioner has moved
before this Court claiming that he is entitled for acceptance of
the joining on Class-III post. Counsel further submits that in case
of Union of India & Ors. Vs. N. Murugesan & Ors. reported in
(2022) 2 SCC 25, the Hon’ble Supreme Court has discarded
such type of relief. And the Hon’ble Patna High Court also in
such type of cases, has also categorically held that when a
person on compassionate appointment accepts his joining on the
said post, then the right to be appointed on compassionate
ground has already been exhausted.
5. Here in the present case, after exhaustment of such
right and after a gap of about 16 years, it shall not be appropriate
for this Court to interfere in such type of matter. Hence, the
present writ petition is hereby dismissed.
(Dr. Anshuman, J)
Divyansh/-
U
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