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IN THE HIGH COURT OF JUDICATURE AT PATNA
P.B. Bajanthri, CJ., ALOK KUMAR SINHA, J.
Shiv Kumar, Son of Late Vanshi Mahto - Appellant
Versus
The State of Bihar through the Secretary, Department of Energy – Respondent
Letters Patent Appeal No.152 of 2021 In Civil Writ Jurisdiction Case No.1287 of 2020
Decided on : 08-10-2025
| Table of Content |
|---|
| 1. court affirms no right to compassionate appointment. (Para 2) |
| 2. final decision: appeal dismissed. (Para 3) |
JUDGMENT :
P.B. Bajanthri, CJ.
1. Appellant has assailed the order of the learned Single Judge dated 24.02.2020 passed in C.W.J.C. No. 1287 of 2020. Core issue involved in the present lis is whether Appellant – Shiv Kumar, son of deceased Vansi Mahto is entitled to compassionate appointment or not? As on the date of death of Appellant’s father namely on 31.12.2009 relevant Policy of compassionate appointment was of the date 18.02.1994 vide Annexure – D to Supplementary Counter Affidavit filed on behalf of the Respondents pursuant to our previous order dated 06.08.2025. It is necessary to reproduce Clause-4 of the Policy dated 18.02.94 and it reads as under:
Reading of of Clause - ([k) and (x) it is crystal clear that Appellant is not eligible for compassionate appointment in view of the fact that he was facing criminal proceedings for the offences under Section 302 and other related sections of I.P.C.as on 07.09.2010, the date on which application for compassionate appointment was submitted. Merely acquittal in the criminal proceedings on 13.07.2017 would not arise any right in favour of the Appellant. Moreover, compassionate appointment is provided to meet immediate harness in the family of the deceased employee and it is a social legislation. Time and again Courts have held that compassionate appointment is not a fundamental right to claim.
2. In the light of these facts and circumstances, the Appellant has not made out a case so as to interfere with the order of the learned Single Judge dated 24.02.2020 passed in C.W.J.C. No. 1287 of 2020.
3. Accordingly, L.P.A. No. 152 of 2021 stands dismissed.
Compassionate appointment is not a fundamental right and eligibility is contingent on the absence of criminal proceedings at the time of application.
Compassionate appointment cannot be claimed as a fundamental right and must adhere to statutory guidelines and time limits, with no inheritable claims.
Compassionate appointments are not inherent rights, necessitating prompt application to address immediate family financial distress after the death of an employee.
Compassionate appointment is not a right but a measure to assist families in financial distress, and is contingent on family employment status and compliance with rules.
Compassionate appointment is not a right and can only be granted under exceptional circumstances, as per the legal provisions and principles discussed by the court.
Compassionate appointment is an exception to the general rule and is meant to provide immediate help to the family of the deceased breadwinner. Appointment on compassionate ground is a concession and....
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