Pranav Kumar Jha vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8518 of 2024
======================================================
Pranav Kumar Jha Son of Raghavendra Jha, Resident of Village-
Neuri, P.S.- Biroul, District-Darbhanga.
... ... Petitioner/s
Versus
1.
The State of Bihar through its The Principal Secretary, Revenue
and Land Reforms Department, Government of Bihar, Patna,
District-Patna.
2.
The Principal Secretary, Revenue and Land Reforms Department,
Government of Bihar, Patna, District Patna.
3.
The Joint Secretary, Revenue and Land Reforms Department,
Government of Bihar, Patna, District Patna.
4.
The Secretary, General Administration Department, Government
of Bihar, Patna, District-Patna.
5.
The Secretary, Finance Administration Reforms Department,
Government of Bihar, Patna, District- Patna.
6.
The Joint Director, Agriculture Census Department of Revenue
and Land Reforms Government of Bihar, Patna, District-Patna.
7.
The Divisional Commissioner, Darbhanga Division, District-
Darbhanga.
8.
The District Collector, Darbhanga, District- Darbhanga.
9.
The Additional Collector, Darbhanga, District- Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kr. Mishra, Sr. Adv.
Mr. Abhishek Kr. Dwivedi, Adv.
Mr. Vipasna Bubna, Adv.
Mr. Ujjwal Kant Pandey, Adv.
For the Respondent/s : Mr. Ravi Kumar, AC to GP13
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 27-08-2026
Heard Mr. Sanjeev Kr. Mishra, Learned Senior

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counsel assisted by Mr. Abhishek Kr. Dwivedi, Learned
Advocate for the petitioner and Mr. Ravi Kumar, AC to GP- 13
for the State.
2. Learned Senior counsel for the petitioner
submits that despite specific direction issued vide orders dated
05.02.2026 and 06.08.2026, no specific answer with regard to
the question framed by this Hon’ble Court, has come from the
counsel for the State. Therefore, he submits that the necessary
order may be passed in the light of facts and circumstances of
this case.
3. Learned Senior counsel further submits that it is
rd
the 3 round of litigation for the petitioner. He further submits
that the present writ petition has been filed for setting aside the
Memo No.755 dated 25.07.2022 (Annexure-10) as well as for
setting aside the Letter No.184(4) dated 13.05.2022 (Annexure-
6) with further direction to re-appoint the petitioner on the post
of Lower Divisional Clerk in the Office of Collectorate,
Darbhanga. Further prayer has been made that the initial
appointment of the petitioner on the post of Revenue Clerk
(Rajaswa Karamchari) may be allowed and continue to work on
the said post.
4. Learned Senior counsel further submits that the

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petitioner was appointed on compassionate ground on the post
of Class-III post (Rajaswa Karamchari) in Alinagar Block of
Darbhanga District on the basis of notification issued by the
General Administration Department, Government of Bihar vide
Notification No.3(R)1-304/73 Ka-1275, Patna dated 12.07.1977,
which was subsequently followed in the Notification dated
05.10.1991 issued by the same authority.
5. Learned Senior counsel further submits that
after death of the petitioner’s father who was in Government
Service, the petitioner was appointed on compassionate ground
on vacant post by the respondent- District Magistrate,
Darbhanga on the basis of recommendation made by the District
Compassionate Committee vide Memo No.814 dated
01.06.2018. He further submits that after getting the
appointment letter, the petitioner was posted as Rajaswa
Karamchari at Alinagar Block, Darbhanga and started
performing his duty with the full satisfaction of his superior. He
further submits that the Revenue and Land Reforms Department
has issued a letter under the signature of Joint Secretary vide
Memo No.327(14) dated 07.09.2021 to all the Collectors of the
State of Bihar regarding the appointment of Rajaswa
Karamchari on compassionate ground that the said appointment

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on the post of Rajaswa Karamchari is not lawful and further
directed all the Collectors to act according to law in light of the
aforesaid direction.
6. Learned Senior counsel further submits that the
in compliance of order issued by the Joint Secretary dated
07.09.2021, respondent-Collector has issued Memo No.5 dated
03.01.2022 by which the earlier order relating to the petitioner
and others has been modified and they were reappointed on the
post of Clerk after changing his cadre in the post of LDC (Class-
III) in the district of Darbhanga. He further submits that being
aggrieved and dissatisfied with the order of the Collector dated
03.01.2022, the petitioner and others with their association have
preferred a writ petition before this Hon’ble Court in CWJC
No.1973 of 2022, which was allowed and vide order dated
19.05.2022, the Collector’s order dated 03.01.2022 has been set
aside and it was directed to pass fresh order after giving
opportunity to the petitioner and others. Subsequently, in the
light of order passed by this Hon’ble Court, the petitioner and
others have preferred a representation before the Collector,
Darbhanga, who passed order on the said representation
contained in Memo No.755 dated 22.07.2022 by which the
petitioner and others’ representation has been rejected.

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Thereafter, the petitioner and others with their associations
preferred another writ petition bearing CWJC No.15848 of
2022, which was heard on 09.04.2024 and disposed of granting
liberty to the petitioner and others to file separate writ petition
for the issue involved. Thereafter, the petitioner has preferred
the present writ petition challenging the same.
7. Learned Senior counsel has put emphasis that
the petitioner was admittedly appointed vide Memo No.814
st
dated 1 June, 2018 on the post of Rajaswa Karamchari. He
further submits that from the order impugned dated 25.07.2022,
the ground has been taken by the respondent authorities that the
appointment of the petitioner has been guided by Bihar Rajaswa
Karamchari Cadre Rules, 2011. He further submits that
according to the said rule of 2011, there was no provision for
appointment of Rajaswa Karamchari by virtue of compassionate
appointment rather there was specific provision in the said rule
that appointment on the post of Rajaswa Karamchari shall be
made only through direct recruitment. He further submits that it
is relevant to mention that the said Bihar Rajaswa Karamchari
Cadre Rule, 2011 has been subsequently amended in the year
2023 as the Bihar Rajaswa Karamchari Cadre (Amendment)
Rules, 2023. He further submits that under Clause 2 of the said

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amended rule, the new Sub-rule of Rule 7 has been added
according to which the provision for appointment on
compassionate ground on fulfilling the requisite criteria
according to available vacant seat on the direct recruitment has
been made.
8. Learned Senior counsel further submits that in
Clause 4 of the amended rule, the proviso has been added in
Rule of 2013 that the Rajaswa Karamchari appointed on
compassionate ground in any calender year shall be junior to the
Rajaswa Karamchari appointed by direct recruitment in that
year.
9. Learned Senior counsel further submits that
admittedly, in Rule of 2011, there was no provision for
appointment of Rajaswa Karamchari on compassionate ground,
but in the Rule of 2023, the provision for appointment of
compassionate ground has been added in Rule, 2011. He further
submits that by virtue of said amendment with applicability of
doctrine of relation back, the provision for appointment on
compassionate ground of the petitioner made in the year 2018,
has been protected. In support of his argument, he has placed
reliance on judgment of Hon’ble Supreme Court of India in case
of Delhi Jal Board Vs. Mahinder Singh reported in (2000) 7

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SCC 210 as well as the judgment passed by Hon’ble Allahabad
High Court in case of Ram Niwas Singh & Ors. Vs. The State
of Uttar Pradesh reported in 2024 0 Supreme (Allahabad)
1012.
10. Learned Senior counsel further submits that
the said judgment passed by Hon’ble Allahabad High Court is
also based on the judgment of Hon’ble Supreme Court of India.
He further submits that this doctrine/ rule has been incorporated
in the legislation and service jurisprudence and according to
him, when the petitioner who has been appointed in the year
2018 on compassionate ground on the post of Rajaswa
Karamchari, who has been removed by virtue of the order
impugned is bad in law as legal protection has come in the light
of Bihar Rajaswa Karamchari Cadre (Amendment) Rules, 2023
and, hence, in that light, he submits that the order impugned
passed by the Collector may be set aside and his initial
st
appointment from 1 June, 2018 on the post of Rajaswa
Karamchari may be protected. He also submits that after
restoration of his appointment of the year 2018, entire arrears
for which the petitioner is entitled and continuation of service
may be treated.
11. Learned counsel for the State, on the other

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hand, submits that the petitioner is not entitled for any relief due
to the reason that at the time of his appointment in the year
2018, there was no such rule in existence for appointment on
compassionate ground. The provision for appointment on
compassionate ground has come by virtue of amended Rule of
2023 and, therefore, no benefit should be granted to the
petitioner.
12. Counsel further submits that the specific stand
of the state has already come in the counter-affidavit that by the
departmental communication, the persons appointed on
compassionate ground on Rajaswa Karamchari during the said
period ha not been removed from service, but instead thereof,
they have been adjusted against other equivalent posts available
in the district establishment carrying the same pay scale and
service conditions, and their notional seniority should be
protected from the date of their original appointment. He further
submits that the said decision of the State Government was
taken with a balanced approach so as to maintain the sanctity of
the statutory recruitment rules which at the time ensuring that
employees appointed on compassionate grounds are not
rendered jobless. It has been submitted on the point that Bihar
Rajaswa Karamchari Cadre (Amendment) Rules, 2023 has

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introduced a provision permitting appointment on
compassionate ground to the post of Rajaswa Karamchari.
However, the said amendment came into effect prospectively
and does not automatically validate or regularize appointments
which were made earlier during the period when no such
provision existed in the cadre rules.
13. The further stand has been taken by the State
that the doctrine of relation back cannot operate as to regularize
appointments which were made contrary to the statutory
recruitment rules prevailing at the relevant period of time. He
further stated that at that relevant time i.e., on 01.06.2018, the
Government Cadre Rule did not permit such post of Rajaswa
Karamchari. Therefore, the compassionate ground on the post of
Rajaswa Karamchari cannot be protected. The said adjustment
of the petitioner was not punitive in nature rather the petitioner
continues to remain in Government service without any
reduction in pay or loss of service benefits, and thus no
prejudice whatsoever has been caused to the petitioner. He
concludes his argument that it is a settled principle of law that
compassionate appointment is not a matter of right, but merely
an exception to the general rule of recruitment, and such
appointment must strictly conform to the rules and policy

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governing the field at the time of appointment.
14. Counsel further submits that the action taken
by the respondent authorities is purely administrative and
corrective in nature and in full compliance of the policy decision
of the State Government as well as the departmental guidelines.
It is due to this reason, the writ petition is devoid of merit and
deserves to be dismissed.
15. Upon hearing the parties and perusal of the
records, this Court put emphasis on the only question passed by
this Hon’ble Court that whether the amended rule of 2011 i.e.,
Bihar Rajaswa Karamchari (Amendment) Rules, 2023 shall
apply on the petitioner or not ?
16. With a view to adjudicate this matter, it is
relevant to quote the Bihar Rajaswa Karamchari (Amendment)
Rules, 2023, which reads as under:-
Government of Bihar
Revenue and Land Reforms Department
notification
No-4/kshe.stha.rev.karm. (niyamawali) -02-
02/2023 (4)/Ra., Patna-15, date.....
In exercise of the powers conferred by the proviso
to Article-309 of the Constitution of India, the Governor of
Bihar hereby makes the following rules to amend "The Bihar
Rajaswa Karmachari Cadre Rules, 2011 (as amended from time
to time)":-
1. Short title, extent and commencement.- (i)
These rules may be called "The Bihar Rajaswa Karmachari
Cadre (Amendment) Rules, 2023 ".

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(ii) It shall extend to the whole of the State of
Bihar.
(iii) It shall come into force with immediate effect.
2. To be added in Rule-7 of the Bihar Rajaswa
Karmachari Cadre Rules, 2011 (as amended from time to time)..
After sub-rule (ii) of rule-7 of the said rules, the following sub-
rule (III) is added-
"(iii) The dependents of such government servants,
who have died while in service, shall be considered for the
appointment on compassionate ground on fulfilling the requisite
criteria against available vacant posts of direct recruitment, for
which recommendation of the Commission shall not be required.
Provided that after the appointment of the
dependents of the government servants, who have died during
the service period, the requisition for the rest vacancies of the
Rajaswa Karmachari shall be sent to the Commission."
3. Amendment in rule-10 of the Bihar Rajaswa
Karmachari Cadre Rules, 2011 (as amended from time to time)-
Rule-10 of the said rules is substituted by the following:-
10. It will be mandatory for Rajaswa Karmachari
to pass the following examination for confirmation of service -
(i) Hindi Noting and Drafting Examination
conducted by the Cabinet Secretariat (Rajbhasha) Department.
(ii) Computer Competency Test.
(iii) Departmental examination as prescribed, for
which the subject, syllabus and procedure may be decided by
the Central Examination Committee, Board of Revenue, Patna
in consultation with the department."
4. To be added in Rule-13 of The Bihar Rajaswa
Karmachari Cadre Rules- 2011 (as amended from time to time)-
In rule-13 of the said rules, the following is added-
"Provided that the Rajaswa Karmachari
appointed on compassionate ground in any calendar year shall
be junior to the Rajaswa Karmachari appointed by direct
recruitment in that year.”
17. The provision of doctrine of relation back is
also taken into consideration as decided by Hon’ble Supreme

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Court of India in case of Delhi Jal Board Vs. Mahinder Singh
(supra), which has also been discussed in case of Ram Niwas
Singh & Ors. Vs. The State of Uttar Pradesh (supra) whose
paragraph nos. 15 and 16 read as under:-
“ 15. Considering aforesaid
circumstances, it is évident that order dated
30.06.2021 would be covered by the doctrine of
relation back as has been explained by Hon'ble the
Supreme Court in Delhi Jal Board (supra) in the
following terms:
"5. The right to be considered by the
Departmental Promotion Committee is a
fundamental right guaranteed under Article 16 of
the Constitution of India, provided a person is
eligible and is in the zone of consideration. The
sealed cover procedure permits the question of his
promotion to be kept in abeyance till the result of
any pending disciplinary inquiry. But the findings
of the disciplinary inquiry exonerating the officer
would have to be given effect to as they obviously
relate back to the date on which the charges are
framed. If the disciplinary inquiry ended in his
favour, it is as if the officer had not been subjected
to any disciplinary inquiry..........."
16 . The Delhi High Court in Sweety
Bhalla (supra) has also considered the said aspect
of the doctrine in the following manner:
"15. Learned counsel further submits
that the principle of 'relation-back' was mention in
order of the chief Commissioner for Disabilities
dated 12.04.2006. The Black's Law Dictionary
defines 'relation back' as: "The doctrine that an act
done at a later time is, under certain
circumstances, treated as though it occurred at an
earlier time". This doctrine has international
relevance and application and has been

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highlighted in the 2010 judgment of the US
Supreme Court in the case of "Krupski v. Costa
Crociere S.P.A." wherein the American Supreme
Court allowed Krupski's amendment to add a new
defendant, after the period of limitation was over,
to relate back to the time of the original filing,
thereby satisfying the applicable statute of
limitations. In India, this doctrine or rule has been
incorporated in a number of legislations and
service jurisprudence including number of
Judgments of the Hon'ble Supreme Court of India.
In the case of Delhi Jal Board v. Mahinder Singh,
(2000) 7 SCC 210, the Supreme Court applied the
Doctrine of Relation Back in service Jurisprudence
by holding that the findings of a disciplinary
enquiry exonerating an Officer would have to be
given effect to as they relate back to the date on
which the charges are framed."
18. It transpires to this Court that admittedly, in
the year 2018, there was no provision for appointment on the
post of Rajaswa Karamchari under Rule 2011, but it is also
admitted that in the year 2023, the provision made. The doctrine
of relation back is very clear that is to say- “An act done at a
later time is, under certain circumstances, treated as though it
occurred at earlier time”. In the said judgment, Hon’ble
Supreme Court of India has categorically held that this doctrine
or rule has been incorporated in legislation and service
jurisprudence. The present case is covered under both
categories, that is service jurisprudence as well as legislation.
19. This Court is of the view that once, the

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permission granted under amended rule of 2011 by virtue of
adding a new Clause 7(iii) of Rule 2011, by which the provision
for appointment on the compassionate ground has been made,
then in that case, the appointment of the petitioner on the said
ground cannot be treated as illegal particularly when Clause 4 of
the amended Rule of 2011 clearly states that those who are
appointed on compassionate ground in any calendar year shall
be junior to the Rajaswa Karamchari appointed by direct
recruitment in that year. The Addition of Clause-4 in the
Amendment Rule of 2023, is clear cut indicator that the law
maker at the time of framing all these rules became well aware
that certain persons have been appointed on compassionate
ground on early occasion also, and hence, due to reasons
mentioned above, this Court finds that the decision of the
Collector, Darbhanga vide Memo No.755 dated 25.07.2022
(Annexure-10) is absolutely bad in law and hence, it is hereby
set aside and subsequently, the Letter No.184(4) dated
13.05.2022 issued by the Revenue and Land Reforms
Department, Government of Bihar (Annexure-6) is also set
aside and further the impugned order shall be quashed so far as
the petitioner is concerned.
20. However, let the petitioner be treated to

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st
continue in service w.e.f., 1 June, 2018 on the post Rajaswa
Karamchari. The respondent authorities shall conclude his
arrears if any, within the period of 4 months from the date of
production of the order.

(Dr. Anshuman, J)
Prakashmani/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 03.09.2026
Transmission Date NA