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Patna High Court

Dilip Kumar and AnrversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted permission to withdraw the contempt application and disposed of it, allowing the petitioners to file a fresh contempt petition if desired.

Summary

The petitioners, two individuals, had earlier obtained a writ order (CWJC No. 6147 of 2009) directing that they be appointed on a government teacher post rather than as Nagar Shikshak, in accordance with a 17‑Oct‑2008 circular. Subsequent applications (MJC No. 2594 of 2009, LPA No. 1589 of 2009) and a Special Leave Petition (SLP No. 20321 of 2016) were dismissed, the latter by the Supreme Court in March 2025. The petitioners then filed a contempt application alleging non‑compliance with the 15‑May‑2009 order. They sought permission to withdraw that contempt petition and to file a fresh one. The Patna High Court, after considering the submissions, granted permission to withdraw the contempt application and disposed of it, leaving the door open for a fresh contempt filing.

Issues considered

  • Whether a contempt petition can be withdrawn with liberty to file a fresh contempt petition.
  • Whether the earlier order directing compassionate appointment remains enforceable after the 17‑Oct‑2008 circular was superseded by the 22‑Jun‑2009 circular.
  • Whether the alleged non‑compliance with the 15‑May‑2009 order amounts to contempt of court.

Subjects

  • contempt of court
  • compassionate appointment
  • civil writ jurisdiction
  • withdrawal of contempt petition
  • Supreme Court SLP
  • government service appointment
  • circular supersession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.3668 of 2016
                                                     In
                                 Letters Patent Appeal No.1589 of 2009
                 ======================================================
           1.     Dilip Kumar Son of Late Girjinandan Prasad, resident of M.I.G. - 190,
                  Mohalla- Hanuman Nagar, P.S.- Patrakar Nagar, District- Patna Bihar.
           2.    Balram Kumar Son of Late Smt. Girja Kumari Yadav and Tanik Prasad
                 Yadav, pemanently resident of Village- Kanhaipur, P.S.- Mokamah, Dist.-
                 Patna, presently resides at Pallavi Nagar Colony, Mohalla- Gulzarbagh, P.S.
                 Alamganj, Dist.- Patna.
                                                                            ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar through Sanjay Kumar Agrawal, son of not known to the
                 petitioner, District Magistrate, Patna being the Chairman of the District
                 Compassionate Committee, Patna.
           2.    Mahesh Prasad Singh son of not known to the petitioner, District
                 Superintendent of Education now redesignated D.P.O. (Estb), Patna.
           3.     Medo Das, son of not known to the petitioner, District Education Officer,
                  Patna.
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Manish Kumar, Advocate
                                               Mr. Nand Lal Kumar Singh, Advocate
                 For the Opposite Party/s :    Mr. Ashutosh Ranjan Pandey, AAG-15
                                               Mr. Vinay Kumar Mishra, AC to AAG-15
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

7   16-01-2026                     From a perusal of the records, it appears that the

                   present contempt application was directed to be listed after

                   disposal of SLP(C) No. 20321 of 2016, as is evident from the

                   order dated 29.03.2018. The records further reveal that the

                   aforesaid Special Leave Petition was disposed of by the Hon’ble

                   Supreme Court in March, 2025. Consequently, the present

                   contempt application has now been listed for hearing.
Patna High Court MJC No.3668 of 2016(7) dt.16-01-2026
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                       2. A brief statement of facts, relevant for consideration

          of the present application is that the petitioner had earlier

          preferred CWJC No. 6147 of 2009, which was disposed of by

          the writ Court vide order dated 15.05.2009, wherein the

          following observations were made:-

                                       “The         grievance         is       that      the
                          recommendation for appointment has been made on
                          the post of Teacher but appointment has been
                          provided on the post of Nagar Shikshak under
                          Patna Municipal Corporation and appointment
                          letters issued (in so far as CWJC No. 6147 of 2009
                          is    concerned      petitioner       no.        2   has     been
                          recommended by the committee for appointment on
                          the post of Nagar Shikshak itself). The post of
                          Nagar Shikshak was not a post under the State
                          Government carrying regular pay scale but a post
                          with fixed emoluments. The appointment itself was
                          in teeth of the letter of the Personnel and
                          Administrative           Reforms      Department             dated
                          17.10.2008 that such compassionate appointment
                          had to be made only in services under the State
                          Government and not on the post of Nagar Shikshak
                          which were not government posts.
                                       The writ applications are disposed with
                          the    direction     that     in      pursuance         of     the
                          recommendations made in their favour by the
                          District Compassionate Appointment Committee
                          their appointments be made strictly in accordance
                          with the government instruction dated 17.10.2008.”
Patna High Court MJC No.3668 of 2016(7) dt.16-01-2026
                                             3/5




                       3. Thereafter, petitioner filed MJC No. 2594 of 2009,

          which was dismissed with following observations:-

                                       “Heard        learned       counsel   for        the
                          petitioners and learned counsel for the opposite
                          parties.
                                       The         Writ        Court   had       directed
                          consideration for compassionate appointment of
                          the petitioners on a government post other than that
                          of a Nagar Shikshak which was not a post under the
                          State Government in view of the direction of the
                          Personnel and Administrative Reforms Department
                          dated      17.10.2008           in     pursuance       of     the
                          recommendation for compassionate appointment by
                          the concerned committee.
                                       Learned counsel for the petitioners
                          submits that the respondents continued to flout the
                          order by not providing appointment to the
                          petitioners on a government post. The petitioners
                          are admittedly working as a Nagar Shikshak.
                                       Learned counsel for the State rightly
                          points out that appoint on compassionate grounds
                          is an exception to the normal mode of appointment
                          prescribed under Article 14 by an advertisement
                          followed by a process of selection based on
                          comparative merit. Therefore, any appointment on
                          compassionate grounds has to be strictly in terms
                          of the policy decision regulating the same. It is not
                          in controversy that the petitioners have been
                          provided      compassionate             appointment.        They,
                          however, seek an appointment of the nature of their
                          choice. Learned counsel for the State has placed
Patna High Court MJC No.3668 of 2016(7) dt.16-01-2026
                                            4/5




                          before this Court a Full Bench decision in L.P.A.
                          No.321/10 on the issue in which it has been noticed
                          that the Circular dated 17.10.2008 has been
                          withdrawn by letter No.2955 dated 22.6.2009 and
                          in which it has been stipulated that persons like the
                          petitioners can be appointed on compassionate
                          grounds on the post of Teachers against available
                          vacancies. The Full Bench has then concluded at
                          paragraph-24 that the Circular dated 17.10.2008
                          having been superseded by the Circular dated
                          22.6.2009, no relief of the nature sough could have
                          been granted by the writ Court.
                                       The contempt application is dismissed.”


                        4. Aggrieved by the order dated 15.05.2009, the

          respondent-State preferred LPA No. 1589 of 2009, which was

          dismissed by order dated 30.03.2015. Against the said order, the

          State preferred Special Leave Petition No. 20321 of 2016 before

          the Hon’ble Supreme Court, which was also dismissed by the

          Hon’ble Supreme Court in March, 2025.

                       5. At this stage, learned counsel for the petitioners

          seeks permission to withdraw the present contempt application

          with liberty to file a fresh contempt application for alleged non-

          compliance of the order dated 15.05.2009 passed in CWJC No.

          6147 of 2009 by the writ Court.

                       6. Considering the submissions made and the facts of

          the case, the permission as prayed for is granted.
            Patna High Court MJC No.3668 of 2016(7) dt.16-01-2026
                                                        5/5




                                   7. Accordingly, the present contempt application

                      stands disposed of.

                                   8. Pending application(s), if any, shall stand disposed

                      of.



                                                  (Sudhir Singh, J)


                                                  (Ritesh Kumar, J)
Anushka/-

U


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