Patna High Court
Manoj Paswan @ Manoj Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court held that the District Magistrate must pass a reasoned order on the petitioner's representation for compassionate appointment within 90 days.
Summary
The petitioner, Manoj Paswan, filed a writ petition seeking a compassionate appointment after his father, a Chaukidar who died in service in 2010, passed away. He alleged that he had submitted a representation to the District Magistrate of Begusarai on 19 September 2023, but no decision was rendered. The State contended that no counter‑affidavit was filed and that the representation remained pending. The Court examined whether the authority was obligated to consider the representation and pass a reasoned order within a reasonable time. It directed the District Magistrate to issue a reasoned order on the petitioner's representation within 90 days, thereby disposing of the writ petition.
Issues considered
- Whether the petitioner is entitled to a compassionate appointment under service rules
- Whether the District Magistrate is required to pass a reasoned order on the pending representation
Subjects
- compassionate appointment
- service law
- writ petition
- administrative law
- reasoned order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8873 of 2024
======================================================
Manoj Paswan @ Manoj Kumar Paswan Son of late Sitaram Paswan,
Resident of Village- Bahrampur, Ward No. 4, P.O.- Naipur, P.S.- Masayan,
Distt- Begusarai, (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Director of Police, Bihar, Pant., Central Bank
of India, Gaya, Bihar.
2. The Deputy Inspector General of Police Commissioner, Munger.
3. The District Magistrate, Begusarai.
4. The Superintendent of Police, District- Begusarai.
5. The Deputy Superintendent of Police, Begusarai.
6. The Sub-Divisional Officer, Begusarai.
7. The Officer in Charge, Mansurhak, District- Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Devendra Kumar, Advocate
For the Respondent/s : Mr. Standing Counsel 28
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed directing
the respondent authorities to appoint the petitioner on the basis
of compassionate ground as the father of the petitioner died in
service.
3. Learned counsel for the petitioner submits that the
father of the petitioner was working as Chaukidar (Chaukidar
No. 316) at Masayan, Begusarai since 2010 and died in service
Patna High Court CWJC No.8873 of 2024(2) dt.11-02-2026
2/2
on 27.07.2010. Learned counsel further submits that the
petitioner has filed representation before the District Magistrate,
Begusarai on 19.09.2023 for consideration of his case but no
decision has been taken.
4. On the contrary, learned counsel for the State
submits that counter affidavit has not come but from the
pleading it transpires that the representation petition for
consideration of compassionate appointment is pending.
5. As such, the Respondent No.3, namely, the District
Magistrate, Begusarai, is hereby directed to pass a reasoned and
speaking order on the representation of the petitioner (Annexure
-6 to the writ petition) within 90 days from the date of
receipt/production of a copy of this order.
6. With the aforesaid observation and direction, the
writ petition stands disposed off.
(Dr. Anshuman, J)
Ashwini/-
U
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