Patna High Court
Jyoti KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RITESH KUMAR
Holding
The memo rejecting the petitioner’s compassionate appointment is set aside and the matter is remitted for an enquiry in accordance with the Full Bench judgment.
Summary
The petitioner, Jyoti Kumar, sought a compassionate appointment in a Class‑IV health post after his father, a government employee, died in service. His application was rejected by the District Compassionate Appointment Committee on the ground that his brother was gainfully employed in the Bihar Police, relying on a 2010 General Administration Department circular. The petitioner argued that this rejection violated a Full Bench judgment (Niraj Kumar Mallick v. State of Bihar, 2018(2) PLJR 951) which requires an objective enquiry into the sibling's income and resources before denying compassionate appointment. The Court found that no such enquiry was conducted and that the rejection was arbitrary and contrary to the Full Bench precedent. Consequently, the Court quashed the impugned memo, remitted the matter to the District Magistrate for a proper enquiry as per the Full Bench guidelines, and allowed the writ petition.
Issues considered
- Whether the rejection of a compassionate appointment solely on the basis of a sibling's employment violates the Full Bench decision in Niraj Kumar Mallick v. State of Bihar.
- Whether the authorities are required to conduct an objective enquiry into the nature of the sibling's employment and income before denying compassionate appointment.
Subjects
- compassionate appointment
- dependent eligibility
- sibling employment
- objective enquiry
- quash order
- writ petition
- Full Bench precedent
- health department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8393 of 2022
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Jyoti Kumar S/o Late Basant Chaudhary R/o Village- Ayar Kotha, P.S.-
Darihat, District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector, Rohtas at Sasaram.
2. The Collector cum Chairman of District Compassionate Appointment
Committee, Rohtas, Sasaram.
3. The Civil Surgeon, Rohtas, Sasaram.
4. Incharge Medical Officer, Primary Health Centre, Dihri, Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Awadhesh Kumar Mishra
For the Respondent/s : Mr.Birju Prasad ( Gp 13 )
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL JUDGMENT
Date : 10-02-2026
Heard the parties.
2. I.A. No. 01 of 2024, IA No. 03 of 2024 and I.A.
No. 04 of 2024 have been filed for early hearing of the writ
petition, but due to passage of time the same become
infructuous, therefore, the learned counsel for the petitioner
submits that he is not pressing the same. Accordingly, the same
are dismissed as not pressed.
C.W.J.C. No. 8393 of 2022
3. The present writ petition has been file for quashing
the letter no. 1145 dated 06.09.2021 passed by the Collector-
cum-Chairman of District Compassionate Appointment
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Committee, Rohtas, Sasaram whereby the claim of the petitioner
for appointment on compassionate ground on a Class-IV post
has been erroneously rejected. Further prayer in the writ petition
is for direction upon the respondent authorities to appoint the
petitioner on any Class-IV post in the Department of Health on
compassionate ground.
4. Brief fact of the case is that the father of the
petitioner after being appointed on a Class-IV post, started
working and while posted in the Primary Health Centre, Dihri,
he died in harness on 14.01.2018. After the death of his father,
the petitioner submitted his application before the In-charge
Medical Officer, Primary Health Centre, Dihri, Rohtas
requesting him to consider the case of the petitioner for
compassionate appointment, but no action was taken. The elder
brother of the petitioner was employed as a Constable, but he
did not take care of his parents, deserted them and started living
separately at his place of posting with his wife and children. All
the family members of the petitioner submitted their respective
affidavits in favour of the petitioner for him being given the
appointment on compassionate ground.
5. It is further case of the petitioner that although he
fulfills all the criteria for being appointed on the compassionate
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ground, but by the impugned order contained in Memo No. 1145
dated 06.09.2021 issued under the signature of the District
Magistrate, Rohtas, Sasaram, the claim of the petitioner has
been rejected on the ground that in view of the letter no. 1781
dated 10.05.2010 issued by the General Administration
Department, Bihar, Patna, if any family member of the deceased
employee is gainfully employed, then in that case, the
appointment will not be given to any other dependent of the
deceased employee. A report was called for from the Circle
Officer, Dihri whereby it was mentioned that the petitioner is not
gainfully employed, but his brother namely Kunal Kumar
Chaudhary is employed in Bihar Police, therefore the
application of the petitioner for appointment on compassionate
ground was rejected.
6. The learned counsel for the petitioner submits that
the order passed by the District Magistrate, Rohtas, Sasaram is
erroneous, arbitrary and against the order passed by the Full
Bench of this Court in a case reported in 2018 (2) PLJR 951
(Niraj Kumar Mallick & Ors. versus The State of Bihar
through Secretary, Rural Works Department, Government of
Bihar, Patna & Ors.).
7. The learned counsel for the petitioner further relies
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on an order dated 23.03.2021 passed by a Co-ordinate Bench of
this Court in C.W.J.C. No. 14290 of 2019 whereby the writ
petition was allowed and the matter was remitted back to the
concerned authority for consideration of the application afresh.
Learned counsel for the petitioner relies on paragraph no.3 of
the order dated 23.03.2021, which is being quoted hereinbelow:-
“3. The learned counsel for the petitioner
has referred to a judgment rendered by
a Full Bench of this Court, reported in
2018(2) PLJR 951 (Niraj Kumar
Mallick & Others v. The State of
Bihar through Secretary, Rural Works
Department, Government of Bihar,
Patna & Others), paragraph no. 48
whereof, is reproduced hereinbelow :-
“48. In terms of the clarification
offered by the department, on
receipt of information that other
siblings of the applicant are in
employment, the competent
authority would be required to
objectively look into the nature of
the employment and the
resources being generated by the
employed sibling from such
employment. On an objective
consideration where it is found
that other sibling of the applicant
is gainfully employed in such an
employment from which he/she is
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in a position and has capacity to
provide sustenance/maintenance
to the other dependents, the
application for appointment on
compassionate ground would not
fit in the scheme in terms of the
clarification at Annexure-`A'
referred above but where it is
found that the employment of the
other sibling is of such a nature
that it is not generating resources
so as to make him able to provide
both ends meet, for
sustenance/maintenance to the
other dependents of the deceased
government employee and
despite gainful employment of
one of the dependents but
because of his poor income from
such employment he is not in a
position to provide two ends meet
to the other dependents, therefore
they are on the verge of
starvation, destitution and
penury, the authorities of the
State would be liable to consider
the application of other
dependent for appointment on
compassionate ground. No other
plea in any form whatsoever
would be a ground to provide the
benefit of the scheme of
compassionate appointment.”
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The learned counsel for the petitioner
has submitted that the learned Full
Bench of this Court has categorically
held that in cases, where it is found
that the employment of the other
sibling is of such a nature that it is not
generating resources so as to make him
able to provide both ends meet, for
sustenance/maintenance to the other
dependents of the deceased
government servant, the authorities of
the State would be liable to consider
the application of other dependent for
appointment on compassionate ground.
8. The learned counsel for the petitioner submits
that in the present case, no such enquiry was ever conducted as
directed by the Full Bench of this Court in the case of Niraj
Kumar Mallick (supra).
9. Per contra, the learned counsel for the
respondent-State referring to the counter affidavit filed on behalf
of the respondent no.2 submits that the claim of the petitioner
for appointment on compassionate ground was considered along
with others in the meeting of the District Compassionate
Appointment Committee dated 06.09.2021, headed by the
District Magistrate, Rohtas, Sasaram and the application of the
petitioner has been rejected on the ground that the brother of the
petitioner namely Kunal Kumar Chaudhary is gainfully
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employed in the Bihar Police service and in view of the
guidelines issued by the General Administration Department,
Bihar, Patna, it was resolved to reject the application of the
petitioner.
10. Having heard the learned counsel for the
parties and on perusal of the documents available on record, it
appears that the application of the petitioner for appointment on
compassionate ground has been rejected solely on the ground
that one of the brothers of the petitioner is gainfully employed in
Bihar Police. It appears that no enquiry whatsoever has been
conducted by the authorities concerned in the light of the
directions issued by the Full Bench of this Court in the case of
Niraj Kumar Mallick (supra), specially in paragraph no.48
which has been quoted by a Co-ordinate Bench of this Court in
order dated 23.03.2021 passed in C.W.J.C. No. 14290 of 2019.
It appears that in the case of Niraj Kumar Mallick (supra) it was
held that where employment of other sibling is of such a nature
that he is not providing sustenance to the other dependents of the
deceased government employee, the respondent-authorities are
bound to consider the application of other dependents for
appointment on compassionate ground and for that purpose, the
competent authority is required to objectively look into the
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nature of the employment and the resources being generated by
the employed sibling from such employment.
11. In such view of the matter, I have got no other
option but to quash the Memo No. 1145 dated 06.09.2021 issued
under the signature of the District Magistrate, Rohtas, Sasaram,
so far it relates to the petitioner, whereby the case of the
petitioner for grant of employment on compassionate ground has
been rejected, merely on the ground that his brother is working
in Bihar Police, which is contrary to the law laid down by the
Full Bench of this Court in the case of Niraj Kumar Mallick
(supra).
12. Accordingly, the order impugned contained in
Memo No. 1145 dated 06.09.2021 is set aside, so far as it relates
to the petitioner and the matter is remitted back to the District
Magistrate, Rohtas, Sasaram to conduct an enquiry in terms of
paragraph no.48 of the judgment rendered by the Full Bench of
this Court in the case of Niraj Kumar Mallick (supra) and
thereafter shall proceed to take a decision with regard to the case
of the petitioner for appointment on compassionate ground.
13. The entire exercise, as directed above, must be
completed within a period of eight weeks from the date of
receipt/production of a copy of the order.
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14. The writ petition stands allowed in the
aforementioned terms.
15. Pending Interlocutory Application(s), if any,
also stand disposed of.
(Ritesh Kumar, J)
AjayMishra/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 13.02.2026
Transmission Date NA
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