Shambhu Kumar v. The Compassionate Appointment Committee,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.149 of 2021 ====================================================== Shambhu Kumar Son of Late Brahmdeo Paswan, resident of Mohalla - Ashok Nagar, Pokharia, P.S. Town, District - Begusarai. ... ... Petitioner/s

Versus

1.

The Compassionate Appointment Committee, The High Court of Judicature at Patna, Bihar, Patna.

2.

The Registrar (Administration), The High Court of Judicature at Patna Bihar, Patna.

3.

The Appointing Authority, District and Sessions Court, Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shaishav Kumar, Adv.

For the Respondent/s :

Mr. Piyush Lall, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 09-07-2025 Heard the parties.

2. The petitioner has approached this Court seeking a direction upon the respondents especially respondent nos. 2 and 3 to reconsider his case for appointment on compassionate ground and issue appointment letter for Class-IV post, after quashing the part of the letter no. 46251/ File No. IV - 64-2015 Admn (Misc) Section dated 22.05.2019, whereby the claim of the petitioner came to be rejected.

3. Mr. Piyush Lall, learned Advocate for the respondent nos. 2 and 3 informed this Court that at the relevant time, when the father of the petitioner died on 18.06.2017 and further when the petitioner submitted his application for

Patna High Court CWJC No.149 of 2021(8) dt.09-07-2025 2/2 compassionate appointment, the existing policy decision of the Court governing the compassionate appointment was that it would not exceed 5 % of the sanctioned strength of Class-IV cadre.

4. A counter affidavit has been filed on behalf of the respondent no. 2 clearly demonstrate that out of 182 Class-IV post in the Judgeship of Begusarai, altogether 18 persons have been appointed on compassionate ground and still working. Accordingly, as against 9 posts under the quota for compassionate appointment, being 5 % of 182 posts of peon, 18 compassionate appointees are working and thus maximum limit has already exhausted; hence, the petitioner could not have been appointed on compassionate ground in terms with the policy decision of establishment of Patna High Court.

5. Considering the admitted position, this Court does not find any reason or occasion to interfere in the present writ petition; accordingly, the same stands rejected. (Harish Kumar, J) shivank/- U