IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8393 of 2022 ======================================================

Jyoti Kumar S/o Late Basant Chaudhary R/o Village- Ayar Kotha, P.S.-

Darihat, District- Rohtas.

... ... Petitioner/s Versus

1. The State of Bihar through the Collector, Rohtas at Sasaram.

2. The Collector cum Chairman of District Compassionate Appointment Committee, Rohtas, Sasaram.

3. The Civil Surgeon, Rohtas, Sasaram.

4. Incharge Medical Officer, Primary Health Centre, Dihri, Rohtas.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr.Awadhesh Kumar Mishra For the Respondent/s : Mr.Birju Prasad ( Gp 13 )

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CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR

ORAL JUDGMENT

Date : 10-02-2026 Heard the parties.

2. I.A. No. 01 of 2024, IA No. 03 of 2024 and I.A.

No. 04 of 2024 have been filed for early hearing of the writ petition, but due to passage of time the same become infructuous, therefore, the learned counsel for the petitioner submits that he is not pressing the same. Accordingly, the same are dismissed as not pressed. C.W.J.C. No. 8393 of 2022

3. The present writ petition has been file for quashing the letter no. 1145 dated 06.09.2021 passed by the Collector- cum-Chairman of District Compassionate Appointment Committee, Rohtas, Sasaram whereby the claim of the petitioner for appointment on compassionate ground on a Class-IV post has been erroneously rejected. Further prayer in the writ petition is for direction upon the respondent authorities to appoint the petitioner on any Class-IV post in the Department of Health on compassionate ground.

4. Brief fact of the case is that the father of the petitioner after being appointed on a Class-IV post, started working and while posted in the Primary Health Centre, Dihri, he died in harness on 14.01.2018. After the death of his father, the petitioner submitted his application before the In-charge Medical Officer, Primary Health Centre, Dihri, Rohtas requesting him to consider the case of the petitioner for compassionate appointment, but no action was taken. The elder brother of the petitioner was employed as a Constable, but he did not take care of his parents, deserted them and started living separately at his place of posting with his wife and children. All the family members of the petitioner submitted their respective affidavits in favour of the petitioner for him being given the appointment on compassionate ground.

5. It is further case of the petitioner that although he fulfills all the criteria for being appointed on the compassionate ground, but by the impugned order contained in Memo No. 1145 dated 06.09.2021 issued under the signature of the District Magistrate, Rohtas, Sasaram, the claim of the petitioner has been rejected on the ground that in view of the letter no. 1781 dated 10.05.2010 issued by the General Administration Department, Bihar, Patna, if any family member of the deceased employee is gainfully employed, then in that case, the appointment will not be given to any other dependent of the deceased employee. A report was called for from the Circle Officer, Dihri whereby it was mentioned that the petitioner is not gainfully employed, but his brother namely Kunal Kumar Chaudhary is employed in Bihar Police, therefore the application of the petitioner for appointment on compassionate ground was rejected.

6. The learned counsel for the petitioner submits that the order passed by the District Magistrate, Rohtas, Sasaram is erroneous, arbitrary and against the order passed by the Full Bench of this Court in a case reported in 2018 (2) PLJR 951 (Niraj Kumar Mallick & Ors. versus The State of Bihar through Secretary, Rural Works Department, Government of Bihar, Patna & Ors.)

7. The learned counsel for the petitioner further relies on an order dated 23.03.2021 passed by a Co-ordinate Bench of this Court in C.W.J.C. No. 14290 of 2019 whereby