Abha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1120 of 2026 ====================================================== Abha Kumari Wife of Rajeev Kumar, Resident of Ward No.02, Dr. Brajmohan Gali, Sanjay Cinema Road, P.O.- Brahampura, M.I.T Muzaffarpur, DistrictMuzaffarpur, Pin Code- 842003. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Health Department, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Health Department, Government of Bihar, Patna.

3.

The Director, Health Department, Government of Bihar, Patna. 4.

The District Magistrate cum Chairman of the District Compassionate Appointment Committee, Darbhanga.

5.

The Civil Surgeon cum Chief Medical Officer, Darbhanga. 6.

The Medical Officer, Primary Health Center, Ali Nagar, Darbhanga. 7.

Sunita Sinha, Wife of Late Rakesh Kumar Singh, Resident of MohallaLaxmi Sagar, Baban Bigha, Road No.5, P.S.- L.N.M.U, District- Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kaushalesh Choudhary For the Respondent/s :

Mr.Advocate General ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-02-2026

1. The petitioner has filed the instant application for the following reliefs:

"i. For issuance of an appropriate writ in the nature of Mandamus, commanding the concerned respondents to appoint the petitioner on compassionate ground, as she is the sole nominee and full sister of Late Rakesh Kumar Sinha, who died on 17.07.2018, while working as Clerk in the Additional Primary Health Centre, Harsingpur, Ali Nagar, Darbhanga.

Patna High Court CWJC No.1120 of 2026(2) dt.03-02-2026 2/2 ii. For issuance of appropriate direction to the concerned respondent for restraining them to issue appointment letter in favour of respondent no. 7 and also restrain from releasing death cum post retirement benefits to her.

iii. For grant of other relief / reliefs, to which the petitioners may found entitled, on the facts and circumstances of the case."

2. At the outset, it is submitted by learned counsel for the respondents that the petitioner happens to be the sister and even as per the Rules sister of a deceased employee is not entitled for compassionate appointment.

3. After some arguments and having heard the observation of this Court, learned counsel for the petitioner seeks permission to withdraw this application.

4. This application is dismissed as withdrawn. (Partha Sarthy, J) Bibhash/- U