Patna High Court
Happy Roshan vs The State Of Bihar on 28 January, 2025
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1242 of 2025
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Happy Roshan, Son of Late Ramakant Prasad Resident of Mohalla and P.O.-
Mathurapur Ward No. 06, P.S.- Warisnagar District Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Govt. of Bihar, Patna.
2. The Principal Secretary, Education Department, Govt. of Bihar, Vikash
Bhawan, Patna.
3. Jai Prakash University, Chapra, through its Registrar
4. The Vice-Chancellor, Jai Prakash University, Chapra.
5. The Registrar, Jai Prakash University, Chapra.
6. The Principal, D.A.V. Post Graduate College, Siwan.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shubh Narain Singh, Advocate.
For the State : Mr. Kamlesh Kishore, AC to SC-12.
For the University : Mr. Bindhyachal Rai, Advocate.
Mr. Manoj Kumar Singh, Advocate.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 28-01-2025
Heard Mr. Shubh Narain Singh, learned counsel
appearing on behalf of the petitioner; Mr. Kamlesh Kishore,
learned AC to SC-12 for the State and Mr. Bindhyachal Rai,
learned counsel along with Mr. Manoj Kumar Singh, learned
counsel appearing on behalf of the Jai Prakash University,
Chhapra.
2. The petitioner in paragraph no. 1 of the present writ
Patna High Court CWJC No.1242 of 2025 dt.28-01-2025
petition has sought, inter alia, following relief(s), which is
reproduced hereinafter:-
"That this is an application for issuance of
appropriate writ(s), direction(s) to the Respondents to
appoint the petitioner on appropriate post on the basis of
compassionate ground because his father who was posted
and working as Associate Professor at D.A.V. Post
Graduate College, Siwan under J.P. University, Chapra had
died in service period leaving behind his one son and one
daughter along with wife."
3. The father of the petitioner late Ramakant Prasad
was appointed as Lecturer in the Department of Mathematics in
Sakra College, Sakra (Dholi) in the District of Muzaffarpur
under BRA Bihar University, Muzaffarpur. Thereafter, he was
shifted to D.A.V. College, Siwan under the Jai Prakash
University, Chapra. All of a sudden, the father of the petitioner
died in harness on 30.10.2018, leaving behind one son, one
daughter and his wife. The petitioner (son of late Ramakant
Prasad) applied for compassionate appointment on Class-III
post before the respondent no.6, which was forwarded to the
respondent no.5 on 29.06.2019. Thereafter, the petitioner made
several communications to the concerned authorities, but till
date no action has been taken.
4. Learned counsel appearing on behalf of the
petitioner submitted that the father of the petitioner late
Ramakant Prasad had died in harness on 30.10.2018 while he
was working as Associate Professor in D.A.V. College, Siwan
Patna High Court CWJC No.1242 of 2025 dt.28-01-2025
leaving behind one son, one daughter and wife. Thereafter, the
petitioner (son of late Ramakant Prasad) had filled up an
application along with the necessary papers and affidavits sworn
by the family members which was forwarded to the Registrar of
the University, but no action has been taken till date. Learned
counsel further submitted that the logic behind the
compassionate appointment is to provide immediate help to the
family of the deceased employee with the pious wishes that the
family will mitigate the hardship by virtue of the sudden death
of bread earner and the petitioner had made several requests to
the concerned authority with the high expectation that the issue
may be examined in detail and the claim may be adjudicated
finally within a reasonable time, however, even after lapse of
long time, the claim has not been resolved till date, rather it is
kept pending till date intentionally to frustrate the right accrued
to the petitioner.
5. Per contra, Learned counsel appearing on behalf
of the respondents submitted that the case of petitioner was
considered by the University but as the mother of the petitioner
is working as Niyojit Teacher in Primary School in District
Siwan, a letter dated 20.12.2019 was communicated to the
Additional Secretary, General Administration Department,
Patna High Court CWJC No.1242 of 2025 dt.28-01-2025
Government of Bihar, Patna seeking opinion whether the
petitioner is eligible for compassionate appoint or not.
6. Heard the parties.
7. The Apex Court relying on the ratio of Umesh
Kumar Nagpal v. State of Haryana and Others reported in
(1994) 4 SCC 138, further in Paragrpah No. 7.2 in the case of
The State of West Bengal Vs. Debabrata Tiwari & Ors. Etc.
passed in Civil Appeal nos. 8842-8855 of 2022, has laid down
following principles of compassionate appointment, which are
reproduced hereinafter:
"7.2. On consideration of the aforesaid decisions of
this Court, the following principles emerge:
i. That a provision for compassionate appointment
makes a departure from the general provisions
providing for appointment to a post by following a
particular procedure of recruitment. Since such a
provision enables appointment being made without
following the said procedure, it is in the nature of an
exception to the general provisions and must be
resorted to only in order to achieve the stated
objectives, i.e., to enable the family of the deceased
to get over the sudden financial crisis.
ii. Appointment on compassionate grounds is not a
source of recruitment. The reason for making such a
benevolent scheme by the State or the public sector
undertaking is to see that the dependants of the
deceased are not deprived of the means of
livelihood. It only enables the family of the deceased
to get over the sudden financial crisis.
iii. Compassionate appointment is not a vested right
which can be exercised at any time in future.
Compassionate employment cannot be claimed or
offered after a lapse of time and after the crisis is
over.
iv. That compassionate appointment should be
Patna High Court CWJC No.1242 of 2025 dt.28-01-2025
provided immediately to redeem the family in
distress. It is improper to keep such a case pending
for years.
v. In determining as to whether the family is in
financial crisis, all relevant aspects must be borne in
mind including the income of the family, its
liabilities, the terminal benefits if any, received by
the family, the age,dependency and marital status of
its members, together with the income from any
other source.
8. In the case of Jagdish Prasad v. State of Bihar
reported in (1996) 1 SCC 301, Hon'ble Apex Court, while
considering the object of compassionate appointment held that
the object of appointment of a dependent of the deceased
employees who die in harness is to relieve unexpected
immediate hardship and distress caused to the family by sudden
demise of the earning member of the family.
9. In case of State of U.P. v. Paras Nath, reported
in (1998) 2 SCC 412, the Hon'ble Apex Court held that the
purpose of providing employment to a dependent of a
Government servant dying in harness in preference to anybody
else, is to mitigate the hardship caused to the family of the
employee on account of his unexpected death while still in
service. It was further observed that none of these consideration
can operate while the application is made after a long period of
time.
10. Based on the above principles and the pleadings
Patna High Court CWJC No.1242 of 2025 dt.28-01-2025
made in the writ petition, the Registrar of the Jai Prakash
University, Chhapra is directed to take appropriate action in
respect of the petitioner and consider the case of the petitioner,
who had immediately applied for Compassionate appointment
by assessing the income of the family on the date of the death of
the deceased employee, in accordance with the law.
11. The writ petition stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 31.01.2025
Transmission Date NA
