Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7398 of 2024 ====================================================== Ravi Kumar Son of Suresh Ram Resident of Village- Karman Tola Ward No.- 38, Post Office- Ara Nawada, Police Station- Nawada, District- Bhojpur, Pin Code- 802301.
... ... Petitioner/s
Versus
1.
The State of Bihar through Additional Chief Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna. 2.
The Additional Chief Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna.
3.
The Chairman, District Establishment Compassionate Appointment Committee, Bhojpur, Ara.
4.
The District Magistrate-cum-Collector, Bhojpur, Ara. 5.
The Pariyojana Padadhikari-cum-Upnideshak (Planning Officer-cumDeputy Director), Town Development and Housing Department, Govt. of Bihar, Patna.
6.
The Nagar Aayukt, Ara Municipal Corporation, Ara, Bhojpur. 7.
The Executive Officer, Ara Municipal Corporation, Ara, Bhojpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gopal Govind Mishra, Advocate For the State : Mr. Abbas Haider (SC-06) For the Ara Municipal Corporation : Mr. Madan Mohan, Advocate Mr. Ritik Shah, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-02-2026 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for Ara Municipal Corporation.
2. Learned counsel for the petitioner submits that he is not pressing relief no.1 i.e. quashing of the notification No. 4136 dated 16.08.2023 issued by the Town Development and Housing Department, Govt. of Bihar, Patna, by which the Group-D/ClassIV post of Municipal Corporation has been abolished. Counsel submits that his prayer is very limited based on Annexure- R-
Patna High Court CWJC No.7398 of 2024(2) dt.03-02-2026 2/3 1/2, according to which, it is the stand of the State that compassionate appointment cannot be made on Group-D post. But if, the petitioner has the eligibility to be appointed on Group-C post, then in that case, his application may be considered.
3. After hearing the parties, it transpires to this Court that the mother of the petitioner was working on Class-IV post in Ara Municipal Corporation, Bhojpur. During service, she died and the petitioner being the son of the deceased employee, interested to be appointed on compassionate ground. Upon perusal of the letter contained in Memo No. 4136 dated 16.08.2023, it is crystal clear that the post of Group-D has been abolished and decision has been taken at the level of Bihar Housing Department that if, anyone having eligibility for appointment on Group-C post, then in that case, his application may be considered.
4. In this background, this Court only directs the petitioner to file his fresh representation before the Executive Officer, Ara Municipal Corporation, Ara, Bhojpur (Respondent no.7) within 30 days along with a copy of this order and the Respondent no.7 is directed to do the needful and consider his case in the light of the Annexure- R-1/2 i.e. letter contained in Memo No. 4136 dated 16.08.2023. The typed copy of the said letter contained in Memo No. 4136 dated 16.08.2023 is annexed
Patna High Court CWJC No.7398 of 2024(2) dt.03-02-2026 3/3 in the writ petition and the scanned copy of the same is reproduced as under:-
5. In result, the present writ petition stands disposed off.
Divyansh/- (Dr. Anshuman, J) U