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Patna High Court
Dharmraj Kumar Yadav vs The State Of Bihar on 26 February, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No 12615 of 2023
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Dharmraj Kumar Yadav Son of Late Bunnilal Yadav, resident of village -
Shyampur, Ward No. 8, P.O. - Sathi, P.S. - Uchkagaon, District - Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary Minority Welfare
Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Minority Welfare Department, Government
of Bihar, Patna.
3. The Bihar State Minority Financial Corporation Ltd. Patna through its
Managing Director, 34, Harding Road, Patna.
4. The Managing Director, Bihar State Minority Financial Corporation Ltd. 34,
Harding Road, Patna.
5. The In-charge (Establishment), Bihar State Minority Finance Corporation
Limited (Bihar Rajya Alpsan Khyak Vitt Nigam Limited), 34, Harding Road,
Ali Imam Path, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : M/s Adesh Raj Singh, Narendra Pd Singh,
Advocates
For the S t a t e : Mr.Santosh Chandra Bhaskar, AC to GP XI
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CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL JUDGMENT
Date : 26-02-2026
Heard the parties.
2 The present writ petition has been filed for the
following reliefs:
"A) To issue a writ in nature of
mandamus commanding and directing the
Respondents to appoint petitioner against any
suitable post on compassionate ground in Bihar
State Minorities Financial Corporation Ltd.,
Patna as his father late Bunnilal Yadav died in
Patna High Court CWJC No.12615 of 2023 dt.26-02-2026
2/5
harness on 28.04.2021 while serving as Peon in
the Corporation.
ii) Any other relief/reliefs for which
the petitioner is entitled in the facts and
circumstance of the instant writ application."
3 It is the case of the petitioner that late father of the
petitioner was appointed as a Security Guard on 13.09.1990 in the
Bihar State Minorities Financial Corporation Limited, Patna
(hereinafter referred to as the Corporation) and he continuously
discharged duties till his death on 18.04.2021. The late father of
the petitioner was working as a Peon. The mother of the petitioner
submitted an application before the Corporation for considering
the case of the petitioner for being appointed on compassionate
ground by enclosing all the relevant documents in support thereof.
The authorities of the Corporation did not take any decision in the
matter, therefore the petitioner filed several representations and
ultimately the present writ petition.
4 The Corporation, by referring to Annexure R - 3/1 to
the counter affidavit, submits that the Corporation has been
restructured in 2020 and all the 19 regular posts were surrendered
and 78 new contractual posts were created by the State
Government vide Letter No. 979 dated 09.06.2020, issued under
the signature of the Additional Chief Secretary, Department of
Minority Welfare, Government of Bihar, Patna. Out of the above
Patna High Court CWJC No.12615 of 2023 dt.26-02-2026
3/5
mentioned 78 posts, there are 12 contractual posts of Office
Attendant, which can be filled either on contractual basis or
through deputation from other non-working Corporations and
there is no provision for compassionate appointment on the
contractual posts.
5 The learned counsel for the Corporation further
submits that the application submitted by the mother of the
petitioner, for appointment of the petitioner on compassionate
ground has already been rejected vide Memo No. 635 dated
27.02.2023
, issued under the signature of the Managing Director
of the Corporation on the ground that there is no provision for
making compassionate appointment on contractual basis. The
learned counsel for the petitioner refers to an order dated
12.04.2023 passed in CWJC No.2098 of 2023 (Sandeep Kumar
-Versus- State of Bihar & Ors.) by a coordinate Bench of this
Court wherein the coordinate Bench, after taking note of the fact
that all the regular posts have been surrendered and 78 posts on
contractual basis have been created by the State Government,
proceeded to direct that:
"... ... ...the petitioner would be
considered in future if contractual engagement
is made on Class IV posts, this Court directs that
in case any Class IV post such as post of peon is
either vacant or fell vacant and the same is
required to be filled up by the Corporation, the
Patna High Court CWJC No.12615 of 2023 dt.26-02-2026
case of the petitioner shall be considered for the
same and an appropriate decision shall be taken
keeping in view that the Corporation has offered
appointment on compassionate ground earlier
and it is not the case of the Corporation that the
policy of the Government towards
compassionate appointment is not applicable in
the Corporation. Such decision shall be taken
irrespective of the fact that in Annexure-R 4/1
the source of appointment against 12 posts of
Peon has been shown as "Non Working fuxe ls
izfrfu;qfDr ds vk/kkj ijA"
6 The learned counsel for the petitioner submits that in
view of the order dated 12.04.2023 passed in CWJC No. 2098 of
2023, the said Sandeep Kumar is working in the Corporation, upon
which the learned counsel for the respondent-Corporation submits
that she is not aware about the development, therefore she is not in
a position to make any comment on the submission of the learned
counsel for the petitioner. The learned counsel for the petitioner
submits that since the case of the petitioner is similar to that of
Sandeep Kumar (supra), the writ petition may be disposed of on
the same terms as has been done by a coordinate Bench of this
Court by order dated 12.04.2023 passed in CWJC No. 2098 of
2023. The learned counsel for the Corporation does not object to
the said submission of the learned counsel for the petitioner.
7 Accordingly, the writ petition is disposed of with a
direction to the respondent-Corporation that in view of the
Patna High Court CWJC No.12615 of 2023 dt.26-02-2026
submission made in paragraph No. 7 of the counter affidavit, if
contractual engagement is made on Class IV post such as Peon and
if any vacancy is there or the same fell vacant and the Corporation
requires the same to be filled, the case of the petitioner shall be
considered in terms of the statement made in paragraph No. 7 of
the counter affidavit, subject to his fitness and fulfillment of
eligibility/criteria and an appropriate decision shall be taken
keeping in view that the Corporation has offered appointment on
compassionate ground earlier and it is not the case of the petitioner
that the policy of the Government towards compassionate
appointment is not applicable in the Corporation.
(Ritesh Kumar, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 27.02.2026
Transmission Date NA
