Kumari Krishna Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13805 of 2025 ====================================================== Kumari Krishna Yadav W/o Late Ram Pravesh Prasad Resident of Tulsinagar, Chhatauni, Distirct-Sheohar, Bihar-843128.
... ... Petitioner/s
Versus
1.
The State of Bihar through Additional Chief Secretary Education Department, Bihar, Patna.
2.
The Distirct Magistrate, Muzaffarpur.
3.
The District Programme Officer Muzaffarpur.
4.
The Distirct Education Programme Officer Muzaffarpur. 5.
The Distirct Compassionate Appointment Committee, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar For the Respondent/s :
Mr. Vikramadit, AC to SC-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 01-09-2025 Heard learned counsel for the petitioner and learned AC to SC-22 for the State.
2. The instant writ application has been filed for directing the respondent authorities to consider the candidature of the petitioner for compassionate appointment upon her prayer made in her representation dated 11.07.2025.
3. Learned counsel for the petitioner submits that petitioner is seeking for compassionate appointment on account of death of her husband, namely, Rampravesh Yadav, who had been appointed in the year 2017 and was working as a Zila Parishad Teacher at Middle School, Sewaipatti. He was the sole
Patna High Court CWJC No.13805 of 2025(2) dt.01-09-2025 2/3 bread earner of the family and he died in harness on 18.09.2023. The petitioner is said to have represented her claim before the Controlling Authority on 08.01.2024 and after representation having been submitted, reminders have also been submitted before the said authority on 11.07.2025 and 22.08.2025 but finding the authorities having sat on such representations, the petitioner was forced to file the instant writ application.
4. It is a very serious matter where the authorities did not act upon the representation of the petitioner for appointment on compassionate ground and unnecessary delay is occasioned in the matter of taking such decision. And when a considerable delay is occasioned in such cases, the State Government comes up with a plea that now that the deceased family has already sustained, and there is no point granting compassionate appointment as such appointment cannot be seen as a matter of right. These all views are contrary to the dictums of Hon'ble Courts, where very recently the Hon'ble Apex Court has fixed a timeline for deciding the cases pertaining to compassionate appointment, where the authorities should have been very vigilant in taking final decision in such matters.
5. It is the case of the petitioner that she has already represented and reminders have already been submitted, the
Patna High Court CWJC No.13805 of 2025(2) dt.01-09-2025 3/3 details of which are already mentioned aforesaid, it is expected that the District Magistrate, Muzaffarpur, will take a serious view of the matter and immediately direct his office to process the application so filed by the petitioner, and place it before the committee so that final decisions are taken in the matter. And accordingly, if the claim of the petitioner for compassionate appointment is found genuine, the same shall be extended to her within a period of eight weeks from production/receipt of a copy of this order.
6. Accordingly, the instant writ application stands disposed of.
(Ajit Kumar, J) shikha/- U