Patna High Court
Abhilasha Kumari vs The State Of Bihar on 25 February, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8939 of 2023
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Abhilasha Kumari Daughter of Late Sudha Jha, W/o Paras Nath Singh
Thakur, Resident of Road No-2, Anand Nagar, Post- Dumari, Police Station-
Sadar, District- Muzaffarpur, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Road Construction Departmnet,
Government of Bihar, Patna.
3. The District Magistrate, Muzaffarpur.
4. The Superintending Engineer, North Bihar Road Construction Division,
Muzaffarpur.
5. The Executive Engineer, Road Construction Division, Muzaffarpur.
6. The District Establishment Officer, Muzaffarpur.
7. The Circle Officer Mishari, Muzaffarpur.
8. The General Administration Department, through Additional Chief
Secretary, General Administration Department, Government of Bihar, Patna.
9. The Additional Chief Secretary, General Administration Department,
Government of Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Pravashankar Mishra
For the Respondent/s : Mr. Narendra Kumar Singh
A.C. to G.P. 22
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CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL
ORAL JUDGMENT
Date : 25-02-2025
Heard learned counsel for the petitioner and learned
counsel for the respondents-State.
2. Challenging the order dated 01.07.2022,
Annexure-9, whereby the claim of the petitioner for grant of
compassionate appointment has been rejected, this petition has
been filed by the petitioner.
Patna High Court CWJC No.8939 of 2023 dt.25-02-2025
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3. The brief facts of the case is that the mother of
the petitioner was an employee in the Road Construction
Department, Government of Bihar posted at Circle-01,
Muzaffarpur on the post of Clerk. While working in service, she
died on 09.03.2020 left behind only daughter i.e. petitioner.
Petitioner is totally dependent upon her mother and she could
not fulfill the financial need of the petitioner. Therefore, being a
dependent married daughter, the petitioner filed an application
for grant of compassionate appointment which has been rejected
vide impugned order dated 01.07.2022 and hence, this petition.
4. It is submitted by learned counsel for the
petitioner that though the petitioner is a married lady but she
was totally dependent upon her mother and her husband is
unemployed. Therefore, on this ground she is entitled to get
appointment on compassionate ground and her claim has
wrongly been rejected by the respondents authority.
5. Learned counsel for the respondents opposes the
argument raised by the counsel for the petitioner and submits
that as contained in paragraph no. 3 of the Circular No. 16973
dated 10.12.2014, petitioner is not entitled to get any
appointment on compassionate ground as her mother i.e.
deceased as well as her father has already died.
Patna High Court CWJC No.8939 of 2023 dt.25-02-2025
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6. I have heard learned counsels appearing for both
the parties and perused the documents annexed with the petition
as well as counter affidavit submitted by the learned counsel for
the respondents.
7. Claim of the petitioner has been rejected on the
ground that both mother and father of the petitioner have been
died and petitioner is a married lady. Therefore, she was not
considered as a dependent of the deceased employee. At this
juncture, it would be appropriate to quote paragraph-3 of the
Circular No. 16973 dated 10.12.2014 :
^^vr% mi;qZDr ds ifjizs{; esa fof/kd ijke"kZ ds vkyksd
esa lE;d:is.k fopkjksijkUr jkT; ljdkj }kjk fu.kZ;
fy;k x;k gS fd e`r ljdkjh lsod dh larku ds :i
esa ek= iqf=;ksa ds gksus dh fLFkfr esa fookfgrk iq=h dks
Hkh vuqdEik ds vk/kkj ij fu;qfDr ds iz;kstukFkZ
vkfJr ekuk tk;sxk] c"krsZa e`r ljdkjh lsod ds
ifjokj esa mudh iRuh vFkok ifr ds vfrfjDr vU;
dksbZ vkfJr u gksA^^
8. Perusal of the above clearly shows that though
the married daughter will be considered for grant of
compassionate appointment but there is a rider that spouse of
the deceased employee will alive and no other dependent of the
deceased employee were there. Since in the matter of petitioner,
both mother and father of the petitioner have already been died.
Apart from the petitioner, no other member of the family is
Patna High Court CWJC No.8939 of 2023 dt.25-02-2025
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present who dependent upon the deceased employee. Therefore,
in the light of paragraph no.-3 of the Circular No. 16973 dated
10.12.2014
, the claim of the petitioner has rightly been rejected
by the respondents authority. I do not find any merit in the
petition.
9. Accordingly, the petition is dismissed, having no
merit.
(Arvind Singh Chandel , J)
shailendra/-
AFR/NAFR NA
CAV DATE NA
Uploading Date 28.02.2025
Transmission Date NA
