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Patna High Court
Dhiraj Kumar Henry vs The State Of Bihar on 24 February, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13819 of 2023
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Dhiraj Kumar Henry Son of Late Deepak Kumar Henry, Resident of Mission
Compound, Ward No. 30, Andar Nagar Nigam, Saharsa, P.S and District-
Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Home
(Police), Govt. of Bihar, Patna.
2. The Director General of Police, Bihar, Patna.
3. The Assistant Inspector General of Police, Bihar, Patna.
4. The District Magistrate, Supaul.
5. The Superintendent of Police-cum the Chairman, District Compassionate
Appointment Committee, Supaul.
6. The Deputy Superintendent of Police-cum the Member District
Compassionate Appointment Committee, Supaul.
7. The S.D.P.O. Nirmali-cum-Member, District Compassionate Appointment
Committee, Supaul.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Majid Mahboob Khan, Advocate
For the Respondent/s : Mr.Manish Kumar, GP- 4
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CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL JUDGMENT
Date : 24-02-2026
Heard the parties.
I.A. No. 01 of 2026
2. The present Interlocutory Application has been filed
for quashing the order contained in letter No. P.4/43-38-200-
2021/163 dated 10.05.2023 (Annexure-12 to the writ petition)
passed by the Director General of Police, Bihar, Patna, whereby
the application of the petitioner for being appointed on
Patna High Court CWJC No.13819 of 2023 dt.24-02-2026
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compassionate ground has been rejected, on the ground that the
brother of the petitioner is working as Niyojit Teacher.
3. The learned counsel appearing on behalf of the State
does not oppose the prayer made in the Interlocutory Application.
4. Accordingly, I.A. No. 01 of 2026 is allowed. The
prayer made in paragraph no. 8(ii) be treated to be the part of writ
petition.
5. The learned counsel for the petitioner is permitted to
make necessary correction in the prayer portion of the writ petition
during course of the day by incorporating the prayer made in
paragraph no. 8(ii) of the Interlocutory Application.
CWJC No. 13819 of 2023
6. The brief facts of the case giving rise to the present
writ petition is, that the late father of the petitioner, while working
as Accountant on regular basis in the office of the Superintendent
of Police, Supaul, died in harness on 23.01.2021. The petitioner
having requisite qualification, submitted his application in the
prescribed format before the competent authority on 27.04.2021,
which was placed before the District Compassionate Appointment
Committee. The District Compassionate Appointment Committee,
Supaul recommended the case of the petitioner, to the police
Patna High Court CWJC No.13819 of 2023 dt.24-02-2026
3/5
headquarter, for considering his case for being appointed on
Group-C/Clerk posts.
7. The learned counsel for the petitioner submits that the
Director General of Police, Bihar, Patna by the impugned order
contained in letter No. P.4/43-38-200-2021/163 dated 10.05.2023,
rejected the claim of the petitioner on the ground that his brother is
already employed as a Niyojit Teacher.
8. The learned counsel for the petitioner submits that the
Director General of Police, without considering the law laid down
by a Full bench of this Court reported in 2018 (2) PLJR 951
(Niraj Kumar Mallick and Ors. vs The State of Bihar & Ors.),
wherein the Full bench has already decided the issue in question.
9. Per contra, the learned counsel for the respondent-
State submits that although, the younger brother and sister have
given their respective consent/No Objection, in favour of the
petitioner for being appointed on compassionate basis, but the
same are of no help, since he is not entitled to be appointed on
compassionate ground, since his younger brother is already
employed as Niyojit Teacher.
10. Having heard the learned counsel for the parties and
after going through the records, I find that the application of the
petitioner for being appointed on the compassionate ground, has
Patna High Court CWJC No.13819 of 2023 dt.24-02-2026
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been rejected solely on the ground that one of the brothers of the
petitioner is working as Niyojit Teacher.
11. I find that no inquiry whatsoever has been conducted
by the authorities concerned in the light of the directions issued by
the Full bench of this Court in the case of Niraj Kumar Mallick
(supra), specially in view of the observations made in paragraph
no.48, which has been quoted by a Co-ordinate bench of this Court
in order dated 23.03.2021 passed in C.W.J.C. No. 14290 of 2019.
It appears that in the case of Niraj Kumar Mallick (supra) it was
held that where employment of other sibling is of such a nature
that he is not providing sustenance to the other dependents of the
deceased government employee, the respondent-authorities are
bound to consider the application of other dependents for
appointment on compassionate ground and for that purpose, the
competent authority is required to objectively look into the nature
of the employment and the resources being generated by the
employed sibling from such employment.
12. In such view of the matter, I have got no other
option, but to quash the letter No. P.4/43-38-200-2021/163 dated
10.05.2023
, issued under the signature of the Director General of
Police, Bihar, Patna, whereby the case of the petitioner for
employment on compassionate ground has been rejected, merely
Patna High Court CWJC No.13819 of 2023 dt.24-02-2026
on the ground that his brother is working as Niyojit Teacher, which
is contrary to the law laid down by the Full bench of this Court in
the case of Niraj Kumar Mallick (supra).
13. Accordingly, the letter No. P.4/43-38-200-2021/163
dated 10.05.2023, is set aside and the matter is remitted back to the
Director General of Police, Bihar, Patna to conduct an inquiry in
terms of paragraph no.48 of the judgment rendered by the Full
Bench of this Court in the case of Niraj Kumar Mallick (supra) and
thereafter, shall proceed to take fresh decision with regard to the
case of the petitioner, for being appointed on compassionate
ground.
14. The entire exercise, as directed above, must be
completed within a period of eight weeks from the date of
receipt/production of a copy of the order.
15. The writ petition stands allowed in the
aforementioned terms.
16. Pending Interlocutory Application(s), if any, shall
also stand disposed of.
(Ritesh Kumar, J)
vinita/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.02.2026
Transmission Date
