Jitendra Kumar Jitu vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1177 of 2024
In
Civil Writ Jurisdiction Case No.3542 of 2023
CNR No. BRHC011143752024
======================================================
Jitendra Kumar Jitu Son of Late Manoj Kumar and Late Smt. Savita Verma,
Resident of Mohalla Lohiya Nagar, Ward No. 28, P.O. Shurid Nagar, P.S.
Lohiya Nagar O.P., District - Begusarai, Bihar
... ... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Government of Bihar, Patna
2. The Divisional Commissioner, Munger Division, Munger, Bihar
3. The District Magistrate, Begusarai, Bihar
4. The Additional District Magistrate (District Establishment), Begusarai,
Bihar
5. The Circle Officer, Mansoorchak, Begusarai
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Kamal Nayan Chaubey, Sr. Adv.
Mr. Prashant Kumar, Adv.
Mrs. Ritu Priyadarshini, Adv.
Mr. Dineshwar Pandey, Adv.
Mr. Shivam Anand, Adv.
For the Respondent/s : Mr. Shiv Pratap, AC to AAG-11
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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
and
HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)
Date : 26-10-2026
This is an appeal filed by the appellant/writ petitioner
challenging the order of dismissal of C.W.J.C. No. 3542 of 2023
wherein the writ petitioner prayed for compassionate
appointment in place of his father who died in harness on
11.07.2015. It would be sufficient to state the factual

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background of the case in following words. The original
employee i.e. the father of the writ petitioner/appellant was
dismissed on 26.05.2014 and when the administrative order of
dismissal was in force, he died on 11.07.2015. The dismissed
employee challenged the order of dismissal during his lifetime
by filing C.W.J.C. No. 5410 of 2015. After his death, the writ
petition was continued by his legal heirs. The said writ petition
was allowed by an order dated 09.04.2018 directing the
appellate authority for fresh consideration. Pursuant thereto, the
appellate authority by order dated 24.08.2018 set aside the order
of the disciplinary authority and remitted the matter for fresh
adjudication after reconsidering the evidence of the independent
witnesses.
2. The District Magistrate issued notices for fresh
examination of witnesses. The said action was challenged in
C.W.J.C. No. 7380 of 2020 by the wife of the original writ
petitioner, who, during the pendency of the proceedings died on
21.12.2020. The Writ Court by an order dated 12.03.2021
disposed off the aforesaid writ petition and inter alia held as
follows:-
“15. In the view of the discussions noted above, the
departmental proceeding against the deceased
delinquent government servant is declared to have
abated upon remand by the Appellate Authority in

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the light of the findings recorded, in the order of
remand, as mentioned above. The order of
dismissal has already been set aside by the
Appellate Authority. Accordingly, consequences
shall follow. The petitioner’s husband will be
treated to have not been ever dismissed from
service and accordingly the petitioner is held to be
entitled to all consequential benefits in terms of
arrears of salary and death-cum-retiral dues.
16. The respondents are accordingly directed to
ensure payment of salary and other dues to the
petitioner/heirs of the deceased employee in
accordance with law within a period of six month
from the date of receipt/production of a copy of this
order. It is reiterated that in view of the discussion
noted above, the claim of the petitioner shall be
determined on the basis, as if, her deceased
husband was always in service.”
3. Thus, the Co-ordinate Bench already held that by
virtue of the order passed by the Writ Court as quoted above, the
order of dismissal was set aside on 12.03.2021 with effect from
26.05.2014, as if the deceased employee was never dismissed
from service. The cause of action for C.W.J.C. No. 3542 of 2023
arose only when the appellant’s prayer for compassionate
appointment was rejected by the District Magistrate on
09.02.2023 holding inter alia that the original employee died in
the year 2014 and the application for compassionate
appointment was filed after the expiry of five years, which is the
period of limitation for claiming compassionate appointment.
The matter was previously heard by the Co-ordinate Bench and

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the Co-ordinate Bench held in paragraph no. 6 of the order dated
08.04.2026 as hereunder :-
“6. Prima facie, this Court is of the view that on
11.07.2015, the appellant was not entitled to seek
compassionate appointment, as his father stood
dismissed from service on that date. The right to
apply accrued only upon restoration of service by
virtue of the order dated 12.03.2021.”
We have also perused the record and found that the
issue involved in the instant appeal is succinctly laid down by
the Co-ordinate Bench in the aforesaid paragraph.
4. It is not in dispute that the original employee was
removed from service on 26.05.2014. He died on 11.07.2015.
The order of removal was remitted back to the appellate
authority and the appellate authority set aside the order of the
employee on 24.08.2018. The Writ Court subsequently held that
he was in service on the date of his death. However, the said
decision was passed on 12.03.2021 and within one year and four
months the appellant prayed for compassionate appointment.
5. The learned Advocate on behalf of the State
respondents did not urge that in view of the series of orders
passed in favour of the appellant, the appellant’s prayer for
compassionate appointment ought to be considered’ but
appellant’s cause of action for compassionate appointment arose

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from 12.03.2021. However, it is argued by him that
compassionate appointment is not a regular appointment. It is no
longer res-integra that compassionate appointment is a back-
door appointment given to a legal heir of the deceased employee
to ameliorate the plenary of the family. The object behind the
compassionate appointment is to see that the family members of
the deceased employee should not starve on the death of the sole
bread-earner of the family. The factual circumstance of this case
is that the original employee died in the year 2015. From 2015
to till date, the family members including the writ
petitioner/appellant managed to run the family. Therefore, the
Court ought to hold that there was no financial stringency that
supports compassionate appointment of one of the family
members of the deceased employee.
6. Considering the facts and circumstances of the case
we are of the view that we cannot assume the seat of decision
making authority as to whether the compassionate appointment
should be granted to the legal heir of the deceased employee or
not. We are concerned only to hold as to whether the appellant
has the right to pray for compassionate appointment or the said
right becomes stale during the passage of time.
7. In view of the earlier orders passed by the Co-

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ordinate Bench on 08.04.2026 and by this Court on 09.10.2026
we are absolutely ad-idem to hold that the appellant /writ
petitioner had the right to file application for compassionate
appointment on 14.07.2022 and the competent authority is duty
bound to consider his application on merit.
8. In view of the above findings, the instant appeal is
allowed.
9. The judgment and order passed in C.W.J.C. No.
3542 of 2023 is set aside. The District Magistrate, Begusarai, is
directed to dispose off the application filed by the appellant on
merit within six weeks from the date of this order. The appellant
is directed to communicate the web copy of the order for
compliance to the District Magistrate, Begusarai.

(Bibek Chaudhuri, J)
(Rana Vikram Singh, J)
Supratim/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 27.10.2026
Transmission Date NA