Patna High Court
Nilesh SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RITESH KUMAR
Holding
The order rejecting the compassionate appointment is quashed and the matter is remitted for an objective enquiry as mandated by the Full Bench judgment in Niraj Kumar Mallick v. State of Bihar.
Summary
The petitioner, Nilesh Singh, applied for a compassionate appointment after his father, a revenue clerk, died in service. The District Compassionate Appointment Committee rejected his claim on the ground that his brother is employed in the railway services. The petitioner challenged the rejection, invoking a Full Bench judgment (Niraj Kumar Mallick v. State of Bihar, 2018 PLJR 951) which requires an objective assessment of the sibling's income rather than a categorical bar. The Court held that the rejection was contrary to that precedent and set aside the impugned memo, directing the District Magistrate to conduct an enquiry as per paragraph 48 of the Full Bench judgment and decide afresh. The petition was allowed and the matter remitted for fresh consideration within eight weeks.
Issues considered
- Whether the rejection of the compassionate appointment on the basis of the brother's railway employment violates the principles laid down 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
- government service
- sibling employment
- objective enquiry
- certiorari
- mandamus
- Bihar
- death in service
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 9312 of 2023
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Nilesh Singh S/o Late Arun Singh R/o- Village- Sakrauraha, P.O.- Sakrauraha,
P.S.- Nalanda, District- Nalanda- 803111 (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Land Reforms and Revenue
Department, Govt. of Bihar.
2. The District Magistrate-cum-Collector, West Champaran, Bettiah.
3. The District Compassionate Committee, West Champaran, Bettiah.
4. The District Programme Officer, Establishment, West Champaran, Bettiah.
5. The Circle Officer, Maujhaliya Block, District- West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priyank Deepak
For the Respondent/s : Mr.Navnit Kumar, AC to GP XVIII
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL JUDGMENT
Date : 27-02-2026
Heard the parties.
2. The present writ petition has been filed for the
following reliefs:
“(i) For issuance of an appropriate writ
in the nature of certiorari for quashing the
order/decision dated 31.01.2023 passed by the
District Compassionate Committee, West
Champaran vide Memo No. 104 issued under the
signature of the respondent No. 2 whereby and
where under the application filed by the petitioner
on the basis of compassionate ground, was
rejected on account of his brother being gainfully
employed in railway services.
(ii) For issuance of an appropriate writ
in the nature of mandamus for commanding and
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directing the respondent authorities concerned to
appoint the petitioner on compassionate ground as
he is entitled to be appointed on compassionate
ground after death of his father, namely, late Arun
Singh, who died in harness on 26.12.2020 while
working as a Revenue Clerk in Manjhauliya
Block of District – West Champaran.
(iii) For issuance of an appropriate writ
in the nature of Mandamus, commanding and
directing the respondent No. 2 to appoint the
petitioner on the compassionate ground.
(iv) For issuance of any other
appropriate writ/writs, order/orders,
direction/directions for which the petitioners
would be entitled under the facts and
circumstances of the case.”
3. The learned counsel for the petitioner submits that the
late father of the petitioner, who was working as a Revenue Clerk
in Manjhauliya Anchal in the district of West Champaran, died in
harness on 26.12.2020 and, thereafter, the petitioner applied for
appointment on compassionate ground along with all the relevant
documents. The application of the petitioner was placed before the
District Compassionate Appointment Committee, West
Champaran, wherein case of the petitioner was considered along
with other applications. The District Compassionate Appointment
Committee, West Champaran, in its Meeting dated 31.01.2023,
rejected the claim of the petitioner on the ground that one of his
brother is employed in Railway services.
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4. The learned counsel for the State submits that the
application of the petitioner for appointment on compassionate
ground has rightly been rejected, since one of his brother is
working in railway services and as per the circular of the State
Government, he is not entitled for being appointed on
compassionate ground.
5. After having heard the parties, this Court finds that
the law in this regard is no more res integra in view of the
judgment of the Full Bench of this Court reported in 2018 (2)
PLJR 951 (Niraj Kumar Mallick & Others -Versus- The State of
Bihar & Others).
6. The learned counsel for the petitioner further relies on
a judgment dated 23.03.2021 passed by a coordinate Bench of this
Court in CWJC No 14290 of 2019 whereby the writ petition was
allowed and the matter was remitted back for consideration of the
application afresh. In the above mentioned judgment, in paragraph
No. 3, it has been held as follows:
“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
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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
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. The learned counsel
for the petitioner has submitted that the
learned Full Bench of this Court
has categorically held that in cases,
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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.”
7. Learned counsel for the petitioner further relies on a
judgment dated 10.02.2026 passed by this Court in CWJC No.
8393 of 2022 (Jyoti Kumar -Versus- The State of Bhar & Others)
wherein in paragraphs No 10, 11 & 12, it has been held as follows:
“10. … … … 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 coordinate
Bench of this Court in order dated 23.03.2021
passed in CWJC 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 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 Memo No. 1145
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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. … … … 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.”
8. Accordingly, the order impugned contained in Memo
No. 104 dated 31.01.2023, so far it relates to the petitioner, is set
aside and the matter is remitted back to the District Magistrate,
West Champaran 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.
9. 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 this order.
10. The writ petition stands allowed in the
aforementioned terms.
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11. Pending application, if any, also stands disposed of.
(Ritesh Kumar, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.03.2026
Transmission Date NA
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