Patna High Court
Navin Kumar vs The State Of Bihar on 19 April, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.360 of 2022
In
Civil Writ Jurisdiction Case No.8437 of 2021
======================================================
Navin Kumar Son of Late Balkeshwar Prasad Resident of Village- Nawadih,
P.O.- Dhurgawan, P.S.- Hilsa, District- Nalanda.
... ... Appellant/s
Versus
1. The State of Bihar .
2. The Principal Secretary, Panchayati Raj Department, Government of Bihar,
Patna.
3. The Additional Secretary, Panchayati Raj Department, Government of Bihar,
Patna.
4. The Divisional Commissioner, Patna Division, Patna.
5. The Chairman, District Compassionate Appointment Committee, District-
Patna.
6. The District Magistrate, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Dhirendra KumarAdv.
For the Respondent/s : Mr. S. Raza Ahmad (AAG-5)
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 19-04-2025
The appellant has assailed the order of the learned
Single Judge dated 22.06.2022 passed in CWJC No. 8437 of 2021.
The brief facts of the case are that petitioner's father deceased-
Balkeshwar Prasad, while holding the post of peon in the office of
Mukhiya/Sarpanch Training Institute, Patna Division Patna, died
on 12.05.2014. Appellant Submitted an application on 21.08.2014
seeking compassionate appointment and it was rejected on
Patna High Court L.P.A No.360 of 2022 dt.19-04-2025
2/4
30.11.2017
. Feeling aggrieved by the rejection, appellant invoke
remedy before this Court by filing CWJC No. 21545 of 2018 and
it was disposed of on 4.12.2018, while remanding the matter to
the concerned authority. Thereafter, appellant is stated to have
submitted representation in support of this Court's order and
appellant grievance has been finally rejected on 29.01.2021,
hence CWJC No. 8437 of 2021.
2. The learned Single Judge rejected the appellant
grievance that he is not entitled to benefit of compassionate
appointment, in view of the fact that the petitioner's brother, who
was working as a Panchayat Teacher and drawing a salary of Rs.
25,491/- per month and appellant's mother is getting Family
Pension. The financial condition is sufficient to the family.
3. Learned counsel for the appellant submitted that in
the family, there is a partition on 09.05.2010. His brother has no
interest in the family, where the appellant is residing. Therefore,
his income cannot be taken into consideration for the purpose of
rejecting compassionate appointment to the appellant. It is further
submitted that relevant policy of compassionate appointment is
required to be taken into consideration as on 12.5.2014, the date
on which appellant's father died. As on that day, the existing
Patna High Court L.P.A No.360 of 2022 dt.19-04-2025
policy was of 12.07.1977. It is necessary to reproduce the
Criteria No. 1 and it reads as under :
" (1) मृ त सरकारी से वक के पररवार की आरररक
रसररत अचछी न हो, अरारत् उस पररवार का कोई भी सदसय
रकसी प्रकार का जीरवकोपाजरन का कायर न करता हो और यरद
करता भी हो तो उसकी आमदनी पूरे पररवार के साधारण भरण-
पोषण के रलये अपयारपत हो एवं उसकी समपरत और दे नदारी को
दे खते हुए इस प्रकार की सहरू लयत दे ना जायज हो ।"
4. Reading of the aforementioned provision, above
mentioned contents readwith Annexure-P/13 dated 29.01.2021,
there is no iota of material evidence as to how the authority has
come to the conclusion that criteria mentioned in the policy dt.
12.07.1977 has been analized before rejection. On the other hand,
randomly decision has been taken to reject the appellant's claim.
This material has not been apprised by the learned Single Judge
like partition and non-consideration of the aforementioned
criteria of the policy dated 12.07.1977. Therefore, the appellant
has made out a case so as to interfere with the order dated
29.01.2021, which is impugned in CWJC No. 8437 of 2021 dated
22.06.2022 passed by learned Single Judge and they are set aside.
5. The concerned authority is hereby directed to re-visit
grievance of the appellant for compassionate appointment, strictly
Patna High Court L.P.A No.360 of 2022 dt.19-04-2025
taking note of the criteria in the policy dated 12.07.1777 after
gathering material information from the department and so also
asking the appellant to furnish material information like copy of
the partition deed among the family members and other sources
of income as on 12.05.2014. After taking note of the
aforementioned material, proceed to pass fresh, detailed and
speaking order and communicate the same to the appellant. If the
appellant is otherwise eligible for compassionate appointment, in
that event necessary order shall be passed in providing
compassionate appointment. The above exercise shall be
completed within a period of three months from the date of
receipt of this order.
6. Accordingly, present LPA No. 360 of 2022 stands
allowed.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J)
sushma/Ankit-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25/4/2025
Transmission Date
