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Patna High Court

Vivek KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that the appellant’s application, filed after the statutory five‑year period, disqualified him from compassionate appointment and the lower court’s dismissal of the writ petition was correct.

Summary

Vivek Kumar, son of a deceased government guard, filed a writ petition seeking a compassionate appointment in the Minor Water Resources Department, arguing that his father's death left his family in financial distress. The District Level Compassionate Committee rejected his application on the ground that it was filed seven years after the death, exceeding the five‑year limit prescribed by the General Administration Department's letter. The Single Judge dismissed the petition, and the appellant challenged that decision by a Letters Patent Appeal. The High Court examined Supreme Court precedents on compassionate appointments, emphasizing that such relief is an exceptional, time‑sensitive measure intended to alleviate immediate hardship and is not a vested right. It held that the appellant’s delay was inordinate, unexplained, and contrary to established principles, and that there was no perversity in the lower court’s order. Consequently, the appeal was dismissed.

Issues considered

  • Whether the appellant’s delayed application, filed beyond the five‑year period, bars entitlement to a compassionate appointment.
  • Whether the District Level Compassionate Committee’s decision can be set aside on grounds of delay and laches.
  • Whether the petitioner is entitled to relief under the compassionate appointment scheme despite the lapse of time.

Subjects

  • compassionate appointment
  • delay
  • laches
  • government service
  • letters patent appeal
  • writ jurisdiction
  • equitable relief

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.229 of 2025
                                            In
                    Civil Writ Jurisdiction Case No.5950 of 2023
     ======================================================
     Vivek Kumar, Son of Late Krishna Nandan Singh, Resident of Villge- Amba,
     P.O. and Police Station - Hariharganj, District - Palamu, Jharkhand.

                                                              ... ... Appellant/s
                                     Versus
1.   The State of Bihar through the Chief Engineer, Minor Water Resources
     Department, Government of Bihar, Patna.
2.   The Chief Engineer, Minor Water Resources Department, Government of
     Bihar, Patna.
3.   The District Magistrate, Patna cum Chairman, District Level Compassionate
     Committee, Patna.
4.   The Deputy Collector, Establishment, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :     Mr. Sumeet Kumar Singh, Advocate
                                  Mr. Anmol Kumar, Advocate
                                  Ms. Abhilasha Kumari, Advocate
                                  Mr. Amarendra Kumar Singh, Advocate
     For the Respondent/s   :     Mr. Manoj Kumar Sinha, AC to GA-9
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
     (Per: HONOURABLE THE CHIEF JUSTICE)

      Date : 23-02-2026

                   This Letters Patent Appeal has been filed by Vivek

      Kumar, the writ-petitioner, challenging the order dated

      18.11.2024 passed by the learned Single Judge in C.W.J.C. No.

      5950 of 2023.

                   The appellant filed the aforesaid writ petition seeking

      the following relief(s):-

                   “(i) To issue an appropriate writ preferably in
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                            the nature of 'Certiorari' for setting aside
                            the part of decision taken by the District
                            Level Compassionate Committee in its
                            meeting held on 27.1.2023 whereby and
                            where under the application made by the
                            petitioner      for    appointment        on
                            compassionate ground has been rejected on
                            the sole ground of delay in making the
                            application. The said decision has been
                            communicated through Memo No.383
                            dated 27.1.2023.
                      (ii) To issue an appropriate writ preferably in
                            the nature of 'Mandamus' commanding
                            upon the respondent authorities to appoint
                            the petitioner on compassionate ground on
                            any vacant and sanctioned post in Minor
                            Water Resources Department, Government
                            of Bihar, Patna with all consequential
                            benefits.
                      (iii) To grant any other relief(s) for which the
                            petitioner may be found entitle to in the
                            facts and circumstances of the case.”


                      2. It is the case of the appellant that his father was

         employed as Guard in the Minor Water Resources Department

         as a regular Government employee and posted in the office of

         Chief      Engineer,       Minor       Water   Resources   Department,

         Government of Bihar, Patna. His date of retirement was

         31.01.2031, however, he died on 06.04.2014, and at the time of

         his death, the appellant was aged about 14 years and at that

         time, the appellant’s mother was not eligible for appointment, as

         she was illiterate. The elder sister of the appellant was married
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         and she expressed her unwillingness for appointment. Two

         sisters of the appellant were younger to the appellant and they

         were also minor in the year 2014. The appellant completed the

         Secondary School Examination in the year 2020 and during

         Covid-19 period he could not take any positive steps for

         compassionate appointment and after the relaxation granted by

         the Government in country wide lock down he made an

         application before the concerned authority but the same was

         turned down by the District Level Compassionate Committee on

         the ground of delay.

                      3. When the notice was issued, counter affidavit has

         been filed by Respondent Nos. 1 and 2 by Sunil Kumar, Chief

         Engineer, M.W.R.D., Patna wherein it is stated as follows:-

                      “9) That it is stated that the petitioner's father
                           was appointed as a class four employee in
                           the office of the Chief Engineer, Minor
                           Water Resource Department, Government
                           of Bihar, Patna.
                      10) That it is further stated that the petitioner's
                           father died on harness on 06.04.2014
                           during his service period.
                      11) That thereafter the petitioner has given his
                           application     for    his    compassionate
                           appointment on 19.07.2021 for the first
                           time in the office of Chief Engineer Minor
                           Water Resource Department, Patna i.e.
                           after the delay of 7 years.
                      12) That it is further stated that thereafter the
                           vide letter no. 2376 dated 24.11.2022, the
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                           Chief Engineer, Minor Water Resource
                           Department, Patna has requested the
                           Deputy Collector, Establishment to take
                           decision with regard to the compassionate
                           appointment of the petitioner (letter
                           already annexed in the writ petition).
                      13) That it is further stated that thereafter the
                           meeting       of     the     District    Level
                           Compassionate Committee was convened
                           on 27.01.2023 under the Chairmanship of
                           District Magistrate, Patna in which the
                           claim of the petitioner was rejected on the
                           ground of delay.
                      14) That it is further stated that the ground
                           taken by the Committee for rejection of the
                           claim of the petitioner is that he has given
                           his application for the said appointment on
                           19.07.2021 i.e. much later than the
                           maximum time prescribed for the
                           application      of     the     compassionate
                           appointment. That, as per the letter no.
                           2822 dated 27.04.1995 of the General
                           Administration Department, the time for
                           applying       for     the      compassionate
                           appointment is within five years of death of
                           the employee.
                      15) That it is further stated that the very purpose
                           of the compassionate appointment is to
                           provide financial assistance to the family
                           members of the deceased employee who
                           has died all of a sudden and was the sole
                           earner of the family and further the family
                           has been able to survive for last seven
                           years and has given the said application
                           for compassionate appointment after the
                           delay of seven years, therefore the said
                           application of the petitioner was rejected in
                           the light of the letter no. 2822 dated
                           27.04.1995 of the General Administration
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                          Department.
                      16) That in view of the aforesaid facts stated
                          above it is clear that the statement made by
                          the petitioner in the writ application is not
                          sustainable in the eye of law and in this
                          view of the matter this writ petition has got
                          no merit and the same is fit to be
                          dismissed.”


                      4. Similarly, supplementary counter affidavit was also

         filed on behalf of Respondent Nos. 3 and 4 by Anisha Bharti,

         Senior Deputy Collector, Patna wherein it is stated as follows:-

                      “9) That in the meeting of the District Level
                          Compassionate Committee held on
                          29.03.2022, it had been decided to seek
                          report as to when the petitioner has
                          submitted application in the concerned
                          department. In this regard the Chief
                          Engineer,      Minor    Water     Resource
                          Department vide letter no. 2376, dated
                          24.11.2022 has sent his report that the
                          application        for       compassionate
                          appointment has been submitted on
                          19.07.2021.
                      10) That per as letter no. 2822, dated
                          27.04.1995 issued by the General
                          Administration Department, Bihar, Patna
                          that the dependent has to submit the
                          application form within five years from the
                          death of the deceased Government servant.
                      11) That in view of the aforesaid facts, the
                          District Level Compassionate Committee
                          has rejected the application filed by the
                          petitioner vide memo no. 383, dated
                          27.01.2023 (Annexure-3 of the writ
                          petition) as it has become time barred i.e.
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                             the application has not been submitted by
                             the dependent of the deceased within five
                             years of the death of the Government
                             Employee.”


                      5. The learned Single Judge after hearing the learned

         counsel for both the parties considered the ratio laid down by

         the Hon’ble Supreme Court in the case of Umesh Kumar

         Nagpal vs. State of Haryana and Others, reported in (1994) 4

         SCC 138; The State of West Bengal vs. Debabrata Tiwari &

         Ors. Etc. passed in Civil Appeal nos. 8842-8855 of 2022;

         Jagdish Prasad vs. State of Bihar, reported in (1996) 1 SCC

         301; State of U.P. vs. Paras Nath, reported in (1998) 2 SCC

         412 and Chennai Metropolitan Water Supply & Sewerage

         Board vs. T.T. Murali Babu, reported in (2014) 4 SCC 108 and

         observed as follows:-

                      “7. The law is well settled in respect of
                          appointment on compassionate ground.
                          The Apex Court relying on the ratio of
                          Umesh Kumar Nagpal v. State of
                          Haryana and Others reported in (1994) 4
                          SCC 138, further in Paragrpah No. 7.2 in
                          the case of The State of West Bengal Vs.
                          Debabrata Tiwari & Ors. Etc. passed in
                          Civil Appeal nos. 8842-8855 of 2022, has
                          laid down following principles of
                          compassionate appointment, which are
                          reproduced hereinafter:
                               "7.2. On consideration of the
                                    aforesaid decisions of this
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                                        Court, the following principles
                                        emerge:
                                   i. That a provision for compassionate
                                        appointment makes a departure
                                        from the general provisions
                                        providing for appointment to a
                                        post by following a particular
                                        procedure of recruitment. Since
                                        such a provision enables
                                        appointment being made without
                                        following the said procedure, it
                                        is in the nature of an exception
                                        to the general provisions and
                                        must be resorted to only in order
                                        to achieve the stated objectives,
                                        i.e., to enable the family of the
                                        deceased to get over the sudden
                                        financial crisis.
                                   ii. Appointment on compassionate
                                        grounds is not a source of
                                        recruitment. The reason for
                                        making such a benevolent
                                        scheme by the State or the public
                                        sector undertaking is to see that
                                        the dependents of the deceased
                                        are not deprived of the means of
                                        livelihood. It only enables the
                                        family of the deceased to get
                                        over the sudden financial crisis.
                                   iii. Compassionate appointment is
                                        not a vested right which can be
                                        exercised at any time in future.
                                        Compassionate         employment
                                        cannot be claimed or offered
                                        after a lapse of time and after
                                        the crisis is over.
                                   iv. That compassionate appointment
                                        should be provided immediately
                                        to redeem the family in distress.
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                                     It is improper to keep such a
                                     case pending for years.
                                v. In determining as to whether the
                                     family is in financial crisis, all
                                     relevant aspects must be borne
                                     in mind including the income of
                                     the family, its liabilities, the
                                     terminal benefits if any, received
                                     by the family, the age,
                                     dependency and marital status
                                     of its members, together with the
                                     income from any other source.
                      8. In the case of Jagdish Prasad v. State of
                          Bihar reported in (1996) 1 SCC 301,
                          Hon'ble Apex Court, while considering the
                          object of compassionate appointment held
                          that the object of appointment of a
                          dependent of the deceased employees who
                          die in harness is to relieve unexpected
                          immediate hardship and distress caused to
                          the family by sudden demise of the earning
                          member of the family.
                      9. In case of State of U.P. v. Paras Nath,
                          reported in (1998) 2 SCC 412, the Hon'ble
                          Apex Court held that the purpose of
                          providing employment to a dependent of a
                          Government servant dying in harness in
                          preference to anybody else, is to mitigate
                          the hardship caused to the family of the
                          employee on account of his unexpected
                          death while still in service. It was further
                          observed that none of these consideration
                          can operate while the application is made
                          after a long period of time.
                      10. Reiterating the aspect of delay and laches
                          would dis-entitle the discretionary relief
                          being granted, the Apex Court in the case
                          of Chennai Metropolitan Water Supply &
                          Sewerage board V. T.T. Murali Babu,
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                             reported in (2014) 4 SCC 108 has held in
                             paragraph no. 16 which is reproduced
                             hereinafter :-
                                  "16. Thus, the doctrine of delay and
                                       laches should not be lightly
                                       brushed aside. A writ court is
                                       required       to     weigh     the
                                       explanation offered and the
                                       acceptability of the same. The
                                       court should bear in mind that it
                                       is exercising an extraordinary
                                       and equitable jurisdiction. As a
                                       constitutional court it has a duty
                                       to protect the rights of the
                                       citizens but simultaneously it is
                                       to keep itself alive to the primary
                                       principle      that     when     an
                                       aggrieved       person,     without
                                       adequate reason, approaches the
                                       court at his own leisure or
                                       pleasure, the Court would be
                                       under legal obligation to
                                       scrutinize whether the lis at a
                                       belated      stage     should    be
                                       entertained or not. Be it noted,
                                       delay comes in the way of equity
                                       In certain circumstances delay
                                       and laches may not be fatal but
                                       in most circumstances inordinate
                                       delay would only invite disaster
                                       for the litigant who knocks at the
                                       doors of the Court. Delay
                                       reflects inactivity and inaction
                                       on the part of a litigant - a
                                       litigant who has forgotten the
                                       basic         norms,        namely,
                                       "procrastination is the greatest
                                       thief of time" and second, law
                                       does not permit one to sleep and
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                                     rise like a phoenix. Delay does
                                     bring in hazard and causes
                                     injury to the lis”
                      11. Based on the above principles and the
                          pleadings made in the writ petition and the
                          counter affidavit filed on behalf of
                          respondents, the admitted facts are that the
                          father of the petitioner died on 06.04.2014
                          while he was in service and for the first
                          time, the petitioner made an application on
                          19.07.2021 for consideration of his
                          appointment on compassionate ground
                          after much delay of seven years and it
                          cannot be said that the family of the
                          petitioner faced any hardship on account of
                          unexpected death in view of the fact that
                          the petitioner has sustained to live till date,
                          the present writ petition requires no
                          interference.”


                      6. Learned counsel for the appellant though placed

         before us some of the notifications of the State Government

         issued by the General Administration Department but we are of

         the view that these are not applicable in the case of the

         appellant. Admittedly, when the death has taken place on

         06.04.2014, the appellant was minor and he attained majority on

         12.03.2018 and submitted the application for compassionate

         appointment on 19.07.2021. The counter affidavit makes it very

         clear that such application is to be filed within a period of five

         years from the date of death in terms of Letter No. 2822 dated

         27.04.1995        of    the     General Administration   Department.
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         Therefore, not only the appellant did not file the application for

         compassionate appointment within the prescribed period but

         also even after he attained majority on 12.03.2018. The

         inordinate delay in filing such application has not been

         explained, and in view of the settled position of law that such

         appointment is not a vested right which can be exercised at any

         time in future and it cannot be claimed or offered after a lapse of

         time and the object of such appointment is to give a chance to

         the dependent of the deceased employee who die in harness to

         relieve the unexpected immediate hardship and distress caused

         to the family by the sudden demise of the earning member of the

         family, we are of the view that the learned Single Judge has

         rightly applied the principle laid down by the Hon’ble Supreme

         Court in the aforesaid cases.

                      7. After hearing the learned counsel for the appellant

         and going through the impugned order and particularly the

         counter affidavits filed by the respondents in the writ petition,

         we are of the view that there is no perversity or palpable

         unreasonableness in the impugned order. In view of the limited

         scope of the appellate jurisdiction for interference in an intra-

         court appeal against the order passed by the learned Single

         Judge, we are not inclined to interfere with the same.
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                                   8. Accordingly, the Letters Patent Appeal stands

                      dismissed.

                                   9. Interlocutory Application(s), if any, shall stand

                      disposed of.




                                            (Sangam Kumar Sahoo, CJ)


                                                    (Harish Kumar, J)
P.K.P./-
AFR/NAFR
CAV DATE
Uploading Date          24.02.2026
Transmission Date


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