Dismissed¶29

Md. Jahangir v. The State of Bihar

Patna HC28 Apr 2025CWJC/6292/2025

Case brief

AI extract

What is this about?

CWJC No.6292 of 2025, High Court of Judicature at Patna, decided 28-04-2025 by Dr. Anshuman, J.: claim for compassionate appointment (deceased Clerk died in harness 05.12.2021) rejected by District Compassionate Selection Committee, Supaul vide Memo No.212-2 dated 09.03.2024 for lack of consent between the two wives' sides; Court held the heir-conflict to be a private dispute and dismissed the writ petition; no statute or precedent cited.

What did the court decide?

Where the deceased government servant is survived by two wives and their children, appointment on compassionate ground has to be made to only one person, and for that consent is required. ¶26

Md. Jahangir Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶29

Issue for consideration

Whether to quash the part of the decision dated 09.03.2024 communicated vide Memo No.212-2 dated 09.03.2024, by which respondent No.2 rejected petitioner No.1's claim for appointment on compassionate ground on account of lack of consent between petitioner No.2 and respondent No.6. +1 more

¶21

Court's answer

Where the deceased government servant is survived by two wives and their children, appointment on compassionate ground has to be made to only one person, and for that consent is required.

¶26

Ratio / Principle

It transpired to this Court that the disputes in the matter are between the heirs and legal representatives of the two wives of the government servant, who died in harness during the service period.

¶26

Key takeaways

This Court was not inclined to interfere in the decision of the District Compassionate Selection Committee, regarding the matter as a private dispute, and accordingly dismissed the writ petition.ratio¶29

Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J., oral order dated 28-04-2025) in CWJC No.6292 of 2025 — Compassionate appointment rejected for want of intra-family consent; writ dismissed. The District Magistrate cum Chairman, District Compassionate Selection Committee, Supaul (respondent No.2), by decision dated 09.03.2024 communicated vide Memo No.212-2 dated 09.03.2024, rejected petitioner No.1's claim for appointment on compassionate ground — his father, a Clerk, having died in harness on 05.12.2021 — since there was lack of consent between petitioner No.2 and respondent No.6, the two wives of the deceased, whose sons and daughters are in conflict. The Court observed that with two wives and their children, compassionate appointment can go to only one person and consent is required; the dispute is between the heirs and legal representatives of the two wives of the government servant who died in harness. Treating the matter as a private dispute, the Court declined to interfere with the Committee's decision and dismissed the writ petition; no direction issued pursuant to the policy decisions dated 05.10.1991 and 13.07.2022.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6292 of 2025

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======================================================

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Md. Jahangir Son of Late Ansarul Haque @ Md. Ansarul, resident of Village-Chain Singh Patti, P.S.-Supaul, District-Supaul.

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Zahida Khatoon, Wife of Late Ansarul Haque, resident of Village-Chain Singh Patti, P.S.-Supaul, District-Supaul.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Additional Chief Secretary, General Administration Department, Govt. of Bihar, Patna.

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The District Magistrate cum Chairman, District Compassionate Selection Committee, Supaul.

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¶10

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That Senior Treasury Officer, Supaul.

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The Deputy Collector (Estab.) District Collector, Supaul.

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Md. Umar Ali Akbar, son of Late Ansarul Haque, resident of Village-Chain Singh Patti, P.S.-Supaul, District-Supaul.

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Kanija Khatoon, wife of Late Ansarul Haque, resident of Village-Chain Singh Patti, P.S.-Supaul, District-Supaul.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Md. Musowir, Advocate For the Respondent/s : Mr. Government Pleader (04) ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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2 28-04-2025

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Learned Counsel for the petitioners and learned

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counsel for the State are present.

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The present writ petition has been filed by the petitioners for quashing of the part of the decision dated 09.03.2024 communicated vide Memo No.212-2 dated 09.03.2024, by which respondent No.2 has rejected the claim of petitioner No.1 for appointment on compassionate ground since there is lack of consent between petitioner No.2 and respondent

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Patna High Court CWJC No.6292 of 2025(2) dt.28-04-2025 2/3

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No.6. Further prayer to direct the respondents to consider the case of petitioner No.1 in accordance with the policy decisions dated 05.10.1991 as well as dated 13.07.2022, since the father of the petitioner died in harness on 05.12.2021 from the post of Clerk.

¶24

Learned counsel for the petitioner submits that the father of petitioner No.1 entered into two marriages and both the wives and their sons and daughters are in conflict. It is due to this reason, the authority has passed the order.

¶25

Counsel for the petitioner seeks relief from this Court to set aside the rejection order of the District Magistratecum- Chairman, District Compassionate Selection Committee, Supaul, and pass further direction to the authorities concerned to appoint petitioner No.1 on compassionate ground.

¶26

In the light of the submissions, it transpires that there are two wives and their children, appointment on compassionate ground has to be made to only one and for that consent is require. Therefore, it transpires to this Court that the disputes are between the heirs and legal representatives of two wives of the government servant, who died in harness during the service period.

¶27

In this view of the matter, this Court is not inclined

¶28

Patna High Court CWJC No.6292 of 2025(2) dt.28-04-2025 3/3

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to interfere in the decision of the District Compassionate Selection Committee as it is a private dispute. Accordingly, this writ petition is dismissed.

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(Dr. Anshuman, J)

¶31

Mkr./- U

Md. Jahangir v. The State of Bihar

Case brief

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Md. Jahangir v. The State of Bihar

Case brief

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