Patna High Court
Chandrakala Devi vs The State Of Bihar on 18 June, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9883 of 2019
======================================================
Rita Devi, W/o Late Jitendra Mallik, and daughter-in-law of late Bindeshwari
Mallik, Resident of Mohalla- Gangjala Ward No.19, P.S. Saharsa, District-
Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Urban Development and
Housing Department, Bihar, Patna.
2. The District Magistrate, Saharsa
3. The Nagar Parishad, Saharsa through the Executive Officer, Nagar Parishad,
Saharsa
4. The Chief Councilor, Nagar Parishad, Saharsa
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 9892 of 2019
======================================================
Chandrakala Devi, Wife of Late Lal Balmiki, Resident of Mohalla- Gandhi
Path, Ward No.8, P.S. Saharsa, District- Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Urban Development and
Housing Department, Bihar, Patna
2. The District Magistrate, Saharsa.
3. The Nagar Parishad, Saharsa through the Executive Officer, Nagar Parishad,
Saharsa
4. The Chief Councilor, Nagar Parishad, Saharsa.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 9924 of 2019
======================================================
Arjun Mallik, Son of Late Mahendra Mallik, R/o Mohalla- Gandhi Path, Ward
No. 8, P.S. Saharsa, District- Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Urban Development and
Housing Department, Bihar, Patna
2. The District Magistrate, Saharsa
3. The Nagar Parishad, Saharsa through the Executive Officer, Nagar Parishad,
Saharsa
4. The Chief Councilor Nagar Parishad, Saharsa
... ... Respondent/s
======================================================
Patna High Court CWJC No.9883 of 2019 dt.18-06-2025
2/6
with
Civil Writ Jurisdiction Case No. 9928 of 2019
======================================================
Sudhir Mallik, s/o Late Mahadev Mallik, Resident of Mohalla- Gandhi Path,
Ward No. 8, P.S.- Saharsa, Distt.- Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Urban Development and
Housing Department, Bihar, Patna
2. The district Magistrate, Saharsa
3. The Nagar Parishad, Saharsa through the Executive Officer, Nagar Parishad,
Saharsa
4. The Chief Councilor, Nagar Parishad, Saharsa
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 10056 of 2019
======================================================
Sagar Kumar Mallik @ Sagar Kumar Mallick, son of Late Parmeshwar
Mallik @ Prameshwar Mallick, resident of Mohalla- Refuzee Colony, Ward
No. 6, P.S. Saharsa, District- Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Urban Development and
Housing Department, Bihar, Patna.
2. The District Magistrate, Saharsa.
3. The Nagar Parishad, Saharsa through the Executive Officer, Nagar Parishad,
Saharsa.
4. The Chief Councilor, Nagar Parishad, Saharsa.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 9883 of 2019)
For the Petitioner/s : None
For the Respondent/s : Mr. Abbas Haider, SC- 6
For the Municipal Corp. : Mr. Abhay Shankar Singh, Advocate
(In Civil Writ Jurisdiction Case No. 9892 of 2019)
For the Petitioner/s : None
For the Respondent/s : Mr. Kinkar Kumar, SC- 9
For the Municipal Corp. : Mr. Abhay Shankar Singh, Advocate
Mr. Akshansh Shankar, Advocate
(In Civil Writ Jurisdiction Case No. 9924 of 2019)
For the Petitioner/s : None
For the Respondent/s : Mr. Yogendra Pd. Sinha, AAG-7
For the Municipal Corp. : Mr. Abhay Shankar Singh, Advocate
Mr. Akshansh Shankar, Advocate
(In Civil Writ Jurisdiction Case No. 9928 of 2019)
For the Petitioner/s : None
Patna High Court CWJC No.9883 of 2019 dt.18-06-2025
3/6
For the Respondent/s : Mr. Subash Prasad Singh ( Ga3 )
For the Municipal Corp. : Mr. Abhay Shankar Singh, Advocate
Mr. Akshansh Shankar, Advocate
(In Civil Writ Jurisdiction Case No. 10056 of 2019)
For the Petitioner/s : None
For the Respondent/s : Mr. AC to GP-1
For the Municipal Corp. : Mr. Abhay Shankar Singh, Advocate
Mr. Akshansh Shankar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 18-06-2025
Considering the involvement of identical issue and
similar relief prayed for in all these writ petitions, the same are
being taken up together and disposed off by this common order.
2. The petitioners before this Court are legal heirs/
dependents of the deceased employees of Saharsa Nagar
Praishad (now Saharsa Municipal Corporation), who died in
harness while working on different capacities in the offices of
the respondent Municipal Corporation. The petitioners, in all the
writ petitions, have made their claim for compassionate
appointment on account of death of their bread winner long
back, a decade and two ago.
3. Learned Advocate for the Saharsa Municipal
Corporation and the State submitted at the Bar that very object
of compassionate appointment is to give immediate succor to
the bereaved family on account of unfortunate demise of the
bread winner. However, admittedly the petitioners before this
Court have been surviving on account of their sustenance.
Patna High Court CWJC No.9883 of 2019 dt.18-06-2025
4. Learned Advocate for the Municipal Corporation
referring to the counter affidavit, especially para. 3 and 4 has
urged before this Court that on account of issuance of Memo
No. 2503, dated 03.05.2018 by the Urban Development and
Housing Department, Government of Bihar, the existing posts
under Municipal Bodies, including Saharsa Municipal Council
had been restructured and all the Group 'D' posts have been
abolished. It has also been observed that Group 'D' Posts, which
would become vacant, if the same is not in the restructured post
that shall also automatically be abolished in course of time. In
view of the aforesaid facts, now it is difficult for the
Corporation to consider the claim of the petitioners for
compassionate appointment.
5. The object of granting compassionate employment
is to enable the family to tide over the sudden crisis and not to
give a member of such family a post much less a post for post
held by the deceased.
6. The Hon'ble Supreme Court in Umesh Kumar
Nagpal Vs. State of Haryana and Others, reported in, (1994)
4 SCC 138, while considering the claim for employment on
compassionate ground has held that 'mere death of an employee
in harness does not entitle his family to such source of
Patna High Court CWJC No.9883 of 2019 dt.18-06-2025
livelihood. The Government or the public authority concerned
has to examine the financial condition of the family of the
deceased, and it is only if it is satisfied, that but for the
provision of employment, the family will not be able to meet the
crisis that a job is to be offered to the eligible member of the
family. The Court further cautioned that it must be remembered
in this connection that as against the destitute family of the
deceased there are millions of other families which are equally,
if not more destitute. The exception to the rule made in favour
of the family of the deceased employee is in consideration of the
services rendered by him and the legitimate expectations, and
the change in the status and affairs, of the family engendered by
the erstwhile employment which are suddenly upturned.'
7. The Apex Court in the case of State Bank of India
and Another Vs. Raj Kumar, reported in, (2010) 11 SCC 661,
held that 'the claim for compassionate appointment is traceable
only to the Scheme framed by the employer for such
employment, and there is no right whatsoever outside such
scheme. There could be no automatic appointment merely on
application.'
8. In view of the settled legal proposition and the
discussions made hereinabove, this Court does not find any
Patna High Court CWJC No.9883 of 2019 dt.18-06-2025
merit in the present writ petitions. Accordingly, all the writ
petitions stand dismissed.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.06.2025
Transmission Date NA
