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Patna High Court
Syed Gajanfar Ahsan vs The State Of Bihar on 10 December, 2025
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.679 of 2022
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Syed Gajanfar Ahsan S/o Late Syed Zafar Ahsan, R/o Moh- Nanhe Khan Ki
Gali - 02, Panchatiya Akhara, P.S. - Town, District - Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, General Administrative
Department, Bihar, Patna.
2. The Principal Secretary, Department of Forest, Bihar, Patna.
3. The Principal Chief Conservator of Forest, Bihar, Patna.
4. The Chief Conservator of Forest, Administration and Human Resources
Development, Bihar, Patna.
5. The Conservator of Forest, Gaya Circle, Gaya.
6. The District Magistrate cum Chairman, District Compassionate Committee,
Gaya.
7. The Additional Collector (Special) cum Secretary, District Compassionate
Committee, Gaya.
8. The District Establishment Deputy Collector, Gaya.
9. The Divisional Forest Officer, Forest Division, Gaya.
10. The Forest Area Officer, Gaya.
11. Sri Abhishek Kumar Mishra, S/o Late Sonanath Mishra, Add.-
Panchsheelnagar Takiyapar, Post - Digha, P.S. Danapur, Patna.
12. Sri Vinay Ram, S/o Late Jagdish Ram Add - Lakhibagi Darjichak, P.S. and
P.O. - Kodarma, Jharkhand.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ali Muqtadir Ahmad, Adv.
Mr. Shailesh Kumar, Adv.
For the Respondent/s : Mr. Manish Kumar (GP4)
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 10-12-2025
Heard Learned Counsel for the petitioner and Learned
Counsel for the State.
2. Learned Counsel for the petitioner submits that the
present writ petition has been filed with the following reliefs:-
Patna High Court CWJC No.679 of 2022 dt.10-12-2025
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i. For issuance of a writ of certiorari to
quash the order under memo No. 1645 dated
07/10/2021
and order vide memo No. 127 dated
08/10/2021, by which respondent No. 3 rejected his
own order dated 12.05.2015 by letter No. 1748
through which petitioner demoted from the post of
Forest Guard to post of Chowkidar.
ii. For issuance of writ of mandamus to
the respondents to adhere to their own
correspondence particularly office order No.203
and letter No. 1921 dated 09.05.2020, whereby the
petitioner has been appointed/regularised on the
post of Forest Guard, based on the
recommendation of Conservator of Forest, Gaya
Circle, Gaya vide letter No. 733, dated 12.07.2019
with all due pecuniary benefits.
iii. For issuance of writ of mandamus to
the respondents to adhere to their own
correspondence particularly letter No. 2598 dated
10.08.2002, whereby the authorities of the Forest
Department were directed to make appointment of
recommended candidates under compassionate
Patna High Court CWJC No.679 of 2022 dt.10-12-2025
category on the post of Forest Guard only.
3. Counsel for the petitioner further submits that it is
admitted that the petitioner had earlier joined the post of
Chowkidar by Compassionate Committee, but at the department
level, it has been considered that he ought be appointed on the
post of Forest Guard (ouj{kh) and for that he had participated in
the process of joining on the same.
4. Counsel further submits that the said letter No.1748
dated 12.05.2015 and letter dated 08.10.2021 have been set
aside by the respondent authorities without granting any
opportunity of hearing to the petitioner vide Annexures- 7 & 19
respectively. He further submits that both letters has directly
affected the petitioner and no opportunity was granted to him
prior to issuance of letter/ passing the order and in this way,
there is gross violation of natural justice.
5. Learned counsel for the State, on the other hand,
raised preliminary objection and submits that the issue involved
in the present writ petition has already been decided by the writ
Bench, when petitioner had earlier moved before this Court in
C.W.J.C. No.2400 of 2020 in which vide order dated
25.02.2020, it has been categorically held which states as
follows:-
Patna High Court CWJC No.679 of 2022 dt.10-12-2025
"Heard learned Counsel for the
petitioner and the learned Counsel for the
respondent State.
Petitioner's father passed away on
2.3.2014 while working as Forest Guard.
Petitioner applied for compassionate appointment.
District Compassionate Appointment Committee in
its meeting dated 9.1.2015 showed compassion to
the petitioner and recommended his appointment
on Class IV post in the office of Conservator of
Forest, Gaya Circle. The petitioner thereafter was
appointed as Chaukidar on 7.2.2015 by office
order no. 13 issued by respondent No. 5. Petitioner
does not appear to be satisfied with grant of
compassionate appointment as Chaukidar.
He has now approached this Court on
the basis of some recommendation made by
District Forest Officer for his compassionate
appointment as a Forest Guard. Reliance is
specifically placed on Annexure 16 dated
10.8.2012 issued by Environment and Forest
Department to submit that the recommendation
made in petitioner's favour was required to be
expeditiously taken to its logical conclusion.
Bare perusal of Annexure 16 dated
10.8.2012 shows that the letter is expressing
anguish over pendency of the claim for
compassionate appointment. The direction has
been issued so that compassionate appointment
claims should not be kept inordinately pending.
Patna High Court CWJC No.679 of 2022 dt.10-12-2025
The petitioner on the other hand has been granted
compassionate appointment on 7.2.2015 itself.
Therefore petitioner's claim for compassionate
appointment is not a pending one. Therefore
reliance on directions contained in letter dated
10.8.2012 is baseless.
There is no question of grant of second
compassionate appointment to the petitioner when
he has been granted compassionate appointment
on 7.2.2015 itself.
No enforceable claim is made out in the
writ proceeding.
The writ petition is dismissed."
6. Learned counsel for petitioner further submits that
issuance of letters vide Annexures- 7 & 19 were in consonance
with the observance made by this Hon'ble Court in case of
petitioner in C.W.J.C. No.2400 of 2020. He further submits that
admittedly, the Hon'ble High Court has held ratio in case of the
petitioner that no question of grant of second compassionate
appointment to the petitioner could be granted when he has
already granted compassionate appointment on 07.02.2015
itself.
7. After hearing the parties, this Court reached on the
conclusion of the fact that the petitioner's father was passed
away on 02.03.2014 while working as Forest Guard. The
petitioner had applied for compassionate appointment and the
Patna High Court CWJC No.679 of 2022 dt.10-12-2025
District Compassionate Appointment Committee has considered
the case of the petitioner thereafter, recommended his name for
appointment on Class- IV post in the office of Conservator of
Forest, Gaya circle as Chowkidar. He has been appointed as
Chowkidar and accepted the said post then, he moved before
this Hon'ble Court in C.W.J.C. No.2400 of 2020 considering
that he has eligibility to be appointed on the post of Forest
Guard (ouj{kh), but his case was not considered by Hon'ble
single Judge and matter was rejected with reasons mentioned
above.
8. Here in the present case, counsel for the petitioner
submits that he has not made no suppression rather disclosed
everything about the earlier case and vide impugned order, it is
the departmental level, the correspondence was made to
consider the case of the petitioner on the post of Forest Guard
(ouj{kh). Therefore, the said case shall not create any bar in
consideration of the present case.
9. Upon minute reading of those annexures which are
impugned here, it transpires to this Court that these are the
internal correspondence between one official to another official
and on the basis of the correspondence, the communication has
been made to the petitioner lastly.
Patna High Court CWJC No.679 of 2022 dt.10-12-2025
10. This Court on the factual matrix realized that the
issue involved in the present case and in the earlier case are
identical that is to say that the petitioner, who was a candidate to
be appointed on compassionate ground, has accepted his joining
on the post of Chowkidar on recommendation of the
Appointment Committee, should be again appointed on the
same ground of compassionate appointment on the post of
Forest Guard (ouj{kh) or not.
11. In this regard, the judgment of Sunil Kumar &
Ors. Vs. The State of Bihar & Ors. dated 13.07.2016 passed in
C.W.J.C. No.8951 of 2013 in which Single Bench of this
Hon'ble Court has observed that the appointment of Class IV
post on compassionate ground having been upgraded to Class
III post on the basis of same ground, is not permissible in law.
Therefore, this Court, in the light of observations made by
Hon'ble Single Bench of this Court in the aforesaid judgment,
restrains himself granting any relief to the present petitioner. But
hereby, observed that once petitioner accepted the joining on the
post of Chowkidar, then he shall be entitled for the promotion
considering that he has joined on the post of Chowkidar. The
Promotion Committee shall test that when eligibility for
promotion shall come to petitioner then earlier judgments and
Patna High Court CWJC No.679 of 2022 dt.10-12-2025
the present judgment, shall not create any bar in his promotion,
if he acquires eligibility for the same.
12. With the aforesaid directions and observations, the
present writ application stands disposed off.
(Dr. Anshuman, J)
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