Patna High Court
Sayara Khatoon @ Shayara Khatoon vs The State Of Bihar on 16 April, 2025
Author: Ashutosh Kumar
Bench: Partha Sarthy, Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.719 of 2023
In
Civil Writ Jurisdiction Case No.9144 of 2021
======================================================
1. Sayara Khatoon @ Shayara Khatoon Wife of Late Nazrul Haque Resident of
care Samin Uddin, Advocate, Near Holi Mission School, Police Station-
Shastrinagar, District- Patna.
2. Zar Afashan Begum Daughter of Late Nazrul Haque, Resident of care Samin
Uddin, Advocate, Near Holi Mission School, Police Station- Shastrinagar,
District- Patna.
... ... Appellant/s
Versus
1. The State of Bihar through its Chief Secretary, Government of Bihar, Old
Secretariat, Patna.
2. The Chief Secretary, Government of Bihar, Old Secretariat, Patna.
3. The Secretary, Home Department, Government of Bihar, Sinchai Bhawan,
Patna.
4. The Director General of Police, Bihar Police, Patna.
5. The Commandant (Samadesta) Cum Chairman, Battalion Compassionate
Committee, Bihar Military Police, Patna.
6. The Battalion Compassionate Committee, through the Commandant
(Samadesta) cum Chairman, Bihar Military Police, Patna.
7. The District Compassionate Committee, through District Magistrate cum
Chairman, District- Patna.
8. The District Magistrate cum Chairman, District Compassionate Committee,
District- Patna.
9. The Principal Secretary, General Administration, Government of Bihar, Old
Secretariat, Patna.
10. Shahbaz Ahmad, Son of Late Nazrul Haque, Resident of I-114, Third Floor,
Mohalla- Gadhwali, Laxami Nagar, Delhi- 110092 and Permanent Resident
of Village- Dostpur, Police Station- Khajauli, District- Madhubani, Bihar.
11. Sumaiya Khatoon, Wife of Md. Anwari Ali, Resident of Dariyapur, Cautry
Tola, Sbji Bag, Thana- Pirbahore, Post- Bankipur, District- Patna- 800004.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ratnesh Kumar Singh, Advocate
For the Respondent/s : Mr. P.K. Verma, AAG-3
Mr. Sanjay Kr. Ghosarvey, AC to AAG-3
======================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Patna High Court L.P.A No.719 of 2023 dt.16-04-2025
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 16-04-2025
We have heard Mr. Ratnesh Kumar Singh, the
learned Advocate for the appellants and Mr. P.K. Verma,
the learned AAG-3 for the State.
2. The appellants had approached this Court
vide CWJC No. 9144 of 2021 seeking a direction for
appointment of appellant No. 2 in place of her father on
compassionate ground as her father had died in harness
in the year 2014.
3. It appears from the records that after the
death of the government employee, an application was
filed by appellant No. 2 for considering her case for
appointment on compassionate ground. When no decision
was taken, a writ petition was filed in the year 2015 in
which there was a direction to the concerned
Compassionate Appointment Committee to consider the
case of appellant No. 2. Initially, the Committee rejected
the case of appellant No. 2 on the ground that the rules
Patna High Court L.P.A No.719 of 2023 dt.16-04-2025
permitted a preferential consideration for compassionate
appointment, viz., that the wife of the deceased employee
would get the first preference, whereafter, in the pecking
order, the preference has to be given to the son, if
available, then the married daughter who has been
divorced and thereafter the divorced wife of the son.
However, the Committee gave a re-look to the earlier
decision and considered the case of appellant No. 2 again.
Because appellant No. 2 did not have the requisite height
to be taken in police service, a direction was sought from
the head office with regard to the case of appellant No. 2.
In the meantime, an objection was filed by the son of the
late employee claiming that he would also like to be
considered for being given compassionate appointment.
Ultimately, the prayer of appellant No. 2 was rejected by
the Committee against which the writ petition was filed in
which the impugned judgment was passed.
4. Several grounds were taken by the appellants
before the learned Single Judge, viz., that the son never
Patna High Court L.P.A No.719 of 2023 dt.16-04-2025
took care of the family and that he is residing somewhere
else after having changed his name, probably after
proselytizing; that the appellant No. 2 was deserted by
her husband, and that the circular was gender insensitive.
5. The learned Single Judge took note of all the
contentions on behalf of the appellants and was of the
view that the issue with respect to the correctness of the
circular in question was not required to be gone into for
the reason that death had taken place way back in the
year 2014 and there was nothing on record to
demonstrate or to prove that appellant No. 2 had been
deserted by her husband and that she was the only
person who should have been given compassionate
appointment in order to bail out the family of the
deceased from difficult times.
6. Though the reasoning given by the learned
Single Judge has been assailed by Mr. Ratnesh Kumar
Singh, the learned Advocate appearing for the appellants
but we do not wish to interfere with the same for the
Patna High Court L.P.A No.719 of 2023 dt.16-04-2025
reason that the death had taken place in the year 2014
and there does not appear to be any evidence on record
of the appellant No. 2 having been deserted by her
husband to fall in the category of persons/ dependents
who could be considered for appointment on
compassionate ground.
7. There is no merit in this appeal.
8. The appeal is dismissed.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
Rajesh/Bibhash
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.04.2025
Transmission Date NA
