IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13819 of 2023 ======================================================

Dhiraj Kumar Henry Son of Late Deepak Kumar Henry, Resident of Mission Compound, Ward No. 30, Andar Nagar Nigam, Saharsa, P.S and District-

Saharsa.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Home (Police), Govt. of Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. The Assistant Inspector General of Police, Bihar, Patna.

4. The District Magistrate, Supaul.

5. The Superintendent of Police-cum the Chairman, District Compassionate Appointment Committee, Supaul.

6. The Deputy Superintendent of Police-cum the Member District Compassionate Appointment Committee, Supaul.

7. The S.D.P.O. Nirmali-cum-Member, District Compassionate Appointment Committee, Supaul. ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr.Majid Mahboob Khan, Advocate For the Respondent/s : Mr.Manish Kumar, GP- 4 ======================================================

CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR

ORAL JUDGMENT

Date : 24-02-2026 Heard the parties.

I.A. No. 01 of 2026

2. The present Interlocutory Application has been filed for quashing the order contained in letter No. P.4/43-38-200- 2021/163 dated 10.05.2023 (Annexure-12 to the writ petition) passed by the Director General of Police, Bihar, Patna, whereby the application of the petitioner for being appointed on compassionate ground has been rejected, on the ground that the brother of the petitioner is working as Niyojit Teacher.

3. The learned counsel appearing on behalf of the State does not oppose the prayer made in the Interlocutory Application.

4. Accordingly, I.A. No. 01 of 2026 is allowed. The prayer made in paragraph no. 8(ii) be treated to be the part of writ petition.

5. The learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of the writ petition during course of the day by incorporating the prayer made in paragraph no. 8(ii) of the Interlocutory Application.

CWJC No. 13819 of 2023

6. The brief facts of the case giving rise to the present writ petition is, that the late father of the petitioner, while working as Accountant on regular basis in the office of the Superintendent of Police, Supaul, died in harness on 23.01.2021. The petitioner having requisite qualification, submitted his application in the prescribed format before the competent authority on 27.04.2021, which was placed before the District Compassionate Appointment Committee. The District Compassionate Appointment Committee, Supaul recommended the case of the petitioner, to the police headquarter, for considering his case for being appointed on Group-C/Clerk posts.

7. The learned counsel for the petitioner submits that the Director General of Police, Bihar, Patna by the impugned order contained in letter No. P.4/43-38-200-2021/163 dated 10.05.2023, rejected the claim of the petitioner on the ground that his brother is already employed as a Niyojit Teacher.

8. The learned counsel for the petitioner submits that the Director General of Police, without considering the law laid down by a Full bench of this Court reported in 2018 (2) PLJR 951 (Niraj Kumar Mallick and Ors. vs The State of Bihar & Ors.)

wherein the Full bench has already decided the issue in question.

9. Per contra, the learned counsel for the respondent-

State submits that although, the younger brother and sister have given their respective consent/No Objection, in favour of the petitioner for being appointed on compassionate basis, but the same are of no help, since he is not entitled to be appointed on compassionate ground, since his younger brother is already employed as Niyojit Teacher.

10. Having heard the learned counsel for the parties and after going through the records, I find that the application of the petitioner for being appointed on the compassionate ground, has