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- Whether a contempt petition can be withdrawn with liberty to file a fresh contempt petition.
- Whether the earlier order directing compassionate appointment remains enforceable after the 17‑Oct‑2008 circular was superseded by the 22‑Jun‑2009 circular.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
2/5
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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