Harshit Kumar vs The State Of Bihar
2026 Latest Caselaw 740 Patna

Patna High Court

Harshit Kumar vs The State Of Bihar on 17 March, 2026

Author: Anshuman

Bench: Anshuman

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.3612 of 2026
     ======================================================
     Harshit Kumar Son of Late Dr. Rajen Kumar, Resident of Flat No. 301,
     Block-Block, Aparna Complex, Mukhdumpur, Digha, P.S.-Digha, District-
     Patna.
                                                             ... ... Petitioner/s
                                       Versus

1.   The State of Bihar through the Additional Chief Secretary General
     Administration Department, Govt. of Bihar.
2.   The Additional Chief Secretary, Department of Health, Govt. of Bihar,
     Patna.
3.   The District Magistrate cum Chairman of District Compassionate
     Appointment Committee, District- Darbhanga, Bihar.
4.   The Civil Surgeon, District-Darbhanga, Bihar.
5.   The Deputy Collector, Establishment, District-Darbhanga.
6.    The Medical Officer In-Charge, Primary Health Centre, Hanuman Nagar,
      District-Darbhanga.
                                                          ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Shashank Shekhar, Advocate
     For the Respondent/s   :      Mr. Government Pleader 17
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
     ORAL JUDGMENT
     Date : 17-03-2026

                        Heard learned Counsel for the petitioner and

      learned Counsel for the State.

                        2. The present writ petition has been filed by the

      petitioner for quashing         Memo no. 341 dated 12.06.2024,

      (Annexure-7) whereby the District Compassionate Committee,

      Darbhanga, in its meeting dated 12.06.2024 had rejected the

      prayer of the petitioner for compassionate appointment on the

      ground that the instruction of the Respondent No. 1 as contained in

      Letter No. 11959 dated 30.08.2019 is not applicable in the case of
 Patna High Court CWJC No.3612 of 2026 dt.17-03-2026
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         the petitioner as the said instruction in vogue from the date of the

         notification; whereas the father of the Petitioner died on

         13.06.2009

. The petitioner further prays for consequential writ of

Mandamus, commanding the Respondent Authorities especially

the respondent No. 3 to appoint the petitioner on compassionate

basis against any post as per his eligibility and in terms of the

instruction of the government as on the date of the death of the

father of the petitioner the instruction of the state government as

contained in Memo no. 2822 dated 27.04.1995 was in vogue, in

which under clause 6 specifically contemplated that application for

compassionate appointment by the dependents of the deceased

employee must be submitted within 5 years from the date of death

of the employee. In the present case, the father of the petitioner

died on 13.06.2009 and the petitioner has made his representation

for compassionate appointment on 03.06.2014 to respondent no. 4,

which was within 5 years.

3. Learned Counsel for the petitioner submits that

the consideration of his application for compassionate appointment

has been rejected by the authorities on the ground that the

petitioner does not fulfill the criteria laid down in the letter issued

by General Administration Department vide Letter No. 6082

dated 15.04.2024. In the light of Circular No.11959 dated

30.08.2019, he submits that petitioner had applied for Patna High Court CWJC No.3612 of 2026 dt.17-03-2026

compassionate appointment in the year 2014 and in that very time

the circular contained in Memo No.2822 dated 27.04.1995 was

applicable. He submits that the circular issued by General

Administration Department dated 30.08.2019 shall be applicable

from prospective date not from retrospective date.

4. In response thereof, Counsel for the State

submits that counter affidavit is necessary to be filed and seeks

four weeks time for filing counter affidavit.

5. It transpires to this Court that the contention of

the Counsel for the petitioner is correct that Circular dated

30.08.2019 shall not apply to the petitioner. As such, Annexure-

P/7 dated 12.06.2024 for the petitioner is concerned is hereby set

aside. Respondent No.3, the District Magistrate-cum-Chairman of

District Compassionate Appointment Committee, Darbhanga, is

hereby directed to consider the case of the petitioner in the light of

the circular contained in Memo No.2822 dated 27.04.1995

(Annexure-P/3) afresh at the earliest preferably within six months.

6. Accordingly, the instant writ petition stands

allowed.

(Dr. Anshuman, J) Mkr./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          18.03.2026
Transmission Date