Writ petition seeking compassionate appointment for the son of a sweeper who died in harness in 2009. The court held the claim could not be considered after 17 years' delay, following Supreme Court precedents that compassionate appointment is not a vested right, and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7326 of 2026
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Tinku Kumar S/o Late Shambhu Ram, R/o PMCH Medical OPD Karmchari Quarter Room-3, Ashok Raj Path, Near Makhaniya Kuwa, PS- Pirbhore, DistPatna at present R/o- Chanmari Road, Road No. 6, P.S.- Kankarbag, Dist.Patna.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Rajeev Ranjan No.II For the Respondent/s : Mr.Sanjiv Kumar, AC to AG ======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL JUDGMENT
Date : 14-05-2026
Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondent-State.
“For issuance of appropriate writ in the nature of mandamus/any other appropriate writ/order/direction commanding the respondents to consider the case of the petitioner for his appointment on compassionate ground as early as possible on account of death of his father in harness who was working on the post of Sweeper in P.M.C.H., Patna and after his death the entire
Patna High Court CWJC No.7326 of 2026 dt.14-05-2026 2/7
family members fell in financial hardship and vagrancy.”
Patna High Court CWJC No.7326 of 2026 dt.14-05-2026 3/7
14.07.2025 before the District Magistrate-cum-Chairman District Compassionate Appointment Committee, Patna.
Patna High Court CWJC No.7326 of 2026 dt.14-05-2026 4/7
deceased employee as a matter of right.
“6. For these very reasons, the
compassionate employment cannot be granted after a lapse of a reasonable period which must be specified in the rules. The consideration for such employment is not a vested right which can be exercised at any time in future. The object being to enable the family to get over the financial crisis which it
Patna High Court CWJC No.7326 of 2026 dt.14-05-2026 5/7
faces at the time of the death of the sole breadwinner, the compassionate employment cannot be claimed and offered whatever the lapse of time and after the crisis is over”
“3…..The very object of appointment of a dependent of the deceased employees who die in harness is to relieve unexpected immediate hardship and distress caused to the family by sudden demise of the earning member of the family. Since the death occurred way back in 1971, in which year the appellant was four years old, it cannot be said that he is entitled to be appointed after he attained majority long thereafter. In other words, if that contention is accepted, it amounts to another mode of recruitment of the dependent of a deceased government servant which cannot be encouraged, de hors the recruitment rules.”
Patna High Court CWJC No.7326 of 2026 dt.14-05-2026 6/7
the case of Local Administration Department and Another versus M. Selvanayagam @ Kumaravelu , reported in (2011) 13 SCC 42 , in paragraph no.11 has held as follows:-
“11. It has been said a number of times earlier but it needs to be recalled here that under the scheme of compassionate appointment, in case of an employee dying in harness one of his eligible dependants is given a job with the sole objective to provide immediate succour to the family which may suddenly find itself in dire straits as a result of the death of the breadwinner. An appointment made many years after the death of the employee or without due consideration of the financial resources available to his/her dependants and the financial deprivation caused to the dependants as a result of his death, simply because the claimant happened to be one of the dependants of the deceased employee would be directly in conflict with Articles 14 and 16 of the Constitution and hence, quite bad and illegal. In dealing with cases of compassionate appointment, it is imperative to keep this vital aspect in mind.”
Patna High Court CWJC No.7326 of 2026 dt.14-05-2026 7/7
C.W.J.C. No. 5750 of 2022 (Janki Ballabh Versus the State of Bihar and Ors.), has proceeded to reject the claim of the petitioner on the ground of delay and laches.
(Ritesh Kumar, J)
vinita/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 19.05.2026 |
| Transmission Date |
1 issue framed by the court
Whether a claim for compassionate appointment made 17 years after the employee's death in harness can be considered.
Colour shows how this judgement treated each authority
Umesh Kumar Nagpal vs. State of Haryana & Ors.Relied on¶8
(1994) 4 SCC 138 · Who else cites this
Jagdish Prasad vs. State of Bihar & Anr.Relied on¶9
1996 (1) SCC 301 · Who else cites this
Local Administration Department and Another versus M. Selvanayagam @ KumaraveluRelied on¶10
(2011) 13 SCC 42 · Who else cites this
Janki Ballabh Versus the State of Bihar and Ors.Followed¶11
C.W.J.C. No. 5750 of 2022
Tinku Kumar
The State of Bihar through the Principal Secretary, Department of Health, Govt. of Bihar, Patna
The District Magistrate, Patna
The Superintendent, Patna Medical College and Hospital, Patna
The District Compassionate Committee, through its Chairman District Magistrate, Patna
Ritesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
