Pawan Kumar vs The State of Bihar
- Court
- Patna High Court
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13316 of 2026
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Pawan Kumar Son of Late Hari Prasad Paswan, Resident of Village- Karha
Gola, Paswan Tola, P.O.- Guru Bazar, P.S.- Barari, District- Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home (Police)
Department, Government of Bihar, Patna.
2. The Principal Secretary, Home (Police) Department, Government of Bihar,
Patna.
3. The Director General of Police, Bihar, Patna.
4. The District Magistrate, Rohtas at Sasaram.
5. The Commandant, BMP 2-Dehri, District- Rohtas at Sasaram.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Md. Nurul Hoda, Advocate
For the Respondent/s : Mr.Birju Prasad, GP-13
Mr.Ajit Anand, AC to GP-13
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CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL JUDGMENT
Date : 01-09-2026
Heard the learned counsel for the petitioner and the
learned counsel appearing on behalf of the State.
2. The present writ petition has been filed for the
following reliefs:-
“(i) for issuance of direction by this Hon’ble
Court to the concerned Respondents to appoint
the petitioner on compassionate ground after
setting aside the impugned decisions of the
Compassionate Committee as contained in letter
No. 2666 dated 26.05.2026 passed and issued by
Commandant, BMP-2 Dehari, District-Rohtas at
Sasaram whereby and where under the claim of
the petitioner stood rejected even without
considering the fact that the condition of the
petitioner is indigent on account of death of his
father in harness on 25.09.2016 as there is no
source of livelihood and none of his family
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members presently available is gainfully
employed, however, his sister Priti Kumari is
employed in C.I.S.F. is employed is married and
is in his matrimonial house and has no concern
with family of the petitioner so far as her income
is concerned.
(ii) Any other relief/reliefs for which the
petitioner is found entitled in the facts and
circumstances of the case.”
SUBMISSION ON BEHALF OF THE PETITIONER
3. The learned counsel for the petitioner submits that
late father of the petitioner was working as a Havildar in BMP-
Dehri, Rohtas and he died in harness on 25.09.2016. The father
of the petitioner left behind his widow, six daughters and one
son (petitioner herein). The petitioner submitted his application
for appointment on compassionate ground, on account of death
of his father and the matter was considered by the
Compassionate Appointment Committee in its meeting. The
Compassionate Appointment Committee considered the case of
the petitioner and his claim was rejected and communicated
vide Memo No. 2604 dated 28.08.2019, issued under the
signature of the Commandant Bihar Military Police-2, Dehri, on
the ground that one of the unmarried sisters of the petitioner was
already employed and working in the C.I.S.F. at Delhi. The
petitioner again filed a representation on 04.12.2020 before the
District Magistrate, Rohtas at Sasaram wherein he pointed out
that the sister of the petitioner is married and is living at her
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matrimonial home. The petitioner assailed the order contained in
Memo No. 2604 dated 28.08.2019 by filing a writ petition
before this Hon’ble Court, which gave rise to C.W.J.C. No.
11439 of 2021. The writ petition filed by the petitioner was
disposed of, since the learned counsel for the petitioner sought
liberty to approach the respondent authorities for redressal of
the subsisting grievances, if any. He submits that in terms of the
liberty given by this Hon’ble Court, he filed a detailed
representation before the Commandant, BMP-2, Dehri on
02.04.2024. The representation filed by the petitioner has been
rejected vide letter no. 2666 dated 26.05.2026, issued under the
signature of the Commandant, BMP-2, Dehri, Rohtas.
4. The learned counsel for the petitioner submits that
the petitioner is entitled and eligible for being appointed on
compassionate ground after death of his father, since except for
the petitioner, nobody is there in the family to take care the wife
(widow) of the deceased employee. He submits that all the six
sisters of the petitioner are married and are living separately,
therefore, the ground of rejection is fit to be set aside, since the
sister of the petitioner who is employed, is not living with the
petitioner and his mother. He submits that the authorities
concerned, while rejecting the claim of the petitioner did not
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take into consideration that the sister of the petitioner is married
and is living separately with her husband at matrimonial home
and the petitioner and his mother has got no other source of
income to sustain themselves. He further submits that the case
of the petitioner deserves consideration, since the same has been
rejected on erroneous grounds.
SUBMISSION ON BEHALF OF THE STATE
5. Per contra , the learned counsel appearing on behalf
of the State, while opposing the prayers made in the writ
petition will submit that it is not in dispute that the father of the
petitioner died in harness on 25.09.2016. The application
submitted by the petitioner for appointment on compassionate
ground was rejected on the ground that at the relevant time one
of the sisters of the petitioner namely, Priti Kumari was
gainfully employed in the C.I.S.F. Later on, the petitioner
assailed the said order by filing writ petition, however, the same
was disposed of with liberty to the petitioner to file
representation. In terms of the liberty given by this Hon’ble
Court, the petitioner filed a representation, however, the same
was rejected by the competent authority again vide order dated
26.05.2026.
CONSIDERATION
6. Having considered the rival submissions and after
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going through the records, it appears that it is an admitted fact
that the father of the petitioner died in harness, while working as
a Havildar on 25.09.2016. The petitioner submitted his
application for appointment on compassionate ground, however,
the same was rejected by the Compassionate Appointment
Committee, which was communicated to the petitioner vide
letter dated 28.08.2019. The ground of rejection was that one of
the sisters of the petitioner was gainfully employed to sustain
the family members and she is living with her mother. The
petitioner assailed the said order by filing a writ petition which
was numbered as C.W.J.C. No. 11439 of 2021. A learned co-
ordinate Bench of this Court vide order dated 03.11.2023, at the
request made by the learned counsel for the petitioner granted
liberty to approach the respondent authorities for redressal of his
subsisting grievances. The petitioner filed a representation
before the Commandant, BMP-2 at Dehri, however, the
representation filed by the petitioner has been rejected vide
letter no. 2666 dated 26.06.2026, on the ground that at the time
of death of the deceased employee, one of the daughters of the
deceased employee was gainfully employed and therefore, in
terms of the circular of the State Government, the claim of the
petitioner was again rejected.
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7. The law with regard to appointment on
compassionate ground is already settled by the Hon’ble
Supreme Court of India as well as by this Hon’ble Court. The
compassionate appointment is given to the one of the dependent
of the deceased to tie over the immediate hardship being caused
on account of the demise of the earning member of the family.
In the present case, no doubt the father of the petitioner died in
harness on 25.09.2016 and after his death, the petitioner
submitted his application, however, one of the family members
i.e. one of the sisters namely, Priti Kumari, who was unmarried
at the relevant time, was already employed as a Constable in
C.I.S.F. The claim of the petitioner was rejected on the ground
that one of the family member of the deceased employee, was
gainfully employed. Later on, the said sister of the petitioner got
married and the petitioner again filed an application for
appointment on compassionate ground. The compassionate
appointment is given to come out of the immediate hardship
caused on account of death of the deceased employee. In the
present case, the deceased employee died on 25.09.2016 and
after ten years of his death, the said cause does not survive.
8. The Hon’ble Supreme Court of India in a case
reported in 1994 (4) SCC 138 (Umesh Kumar Nagpal Vs. State
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of Haryana & Ors.) , in paragraph no. 6, has held as follows:
“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 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.”
9. Similarly, the Hon’ble Supreme Court of India in a
case reported in 1996 (1) SCC 301 (Jagdish Prasad Vs. State
of Bihar & Anr.) , in paragraph no. 3, has held as follows:-
“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.”
10. Considering the above judicial pronouncements,
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this Court does not find any merit in the writ petition and the
same is accordingly dismissed.
11. Pending application(s), if any, shall also stands
disposed of.
(Ritesh Kumar, J)
vinita/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 03.09.2026
Transmission Date