Shashi Bhushan Kumar v. The State of Bihar
Compassionate appointment – no vested right to a particular post
Case brief
What is this about?
Patna High Court, Letters Patent Appeal No.821 of 2023, decided 16-09-2025 (order dated 16-09-2025 per footer 'dt.16-09-2025'); arising from Single Judge order dated 17.05.2023 in CWJC No. 6277 of 2020; cause title references Civil Writ Jurisdiction Case No.16185 of 2012. Keywords: compassionate appointment; no right to a particular post; social legislation of the State; availability of post; appointment as Junior Accounts Clerk on 12.11.1999; acceptance of appointment without protest or condition; claim to post of Accounts Clerk; Water Resources Department, Government of Bihar; State of Bihar; Accounts Clerk Shashi Bhushan Kumar; coram P. B. Bajanthri, ACJ and Alok Kumar Sinha, J; LPA dismissed; pending interlocutory applications disposed of.
What did the court decide?
Compassionate appointment would not provide any right to a particular post; being a social legislation of the State, compassionate appointment depends upon the availability of post.