Justice Partha Sarthy dismisses application seeking appointment on compassionate ground on Class IV post under Munger Judgeship

In Ajay Kumar vs. The High Court of Judicature at Patna, through the Registrar General, Patna High Court, Patna & Ors. (2025), Justice Partha Sarthy of Patna High Court delivered a 6-page long judgement dated October 30, 2025 dismissing the application. Justice Jha concluded: ''12. So far as the facts of the instant case is concerned, even taking into consideration the 5% strength to be, as evident from the report of Nazir, there are already 20 persons working as Class-IV employees having been appointed on compassionate ground. 13. In view of the facts and circumstances stated herein above, the Court finds no merit in the instant application and the same is dismissed.'' 

The judgement reads:"From perusal of the records, it transpires that a decision was taken by the Patna High Court on its administrative side and which was communicated to all the District and Sessions Judges of Bihar by letter dated 4.1.2016 of the Registrar (Admn.) I/c which was to the effect that the appointment on compassionate ground is to be considered with a restriction that the total strength of compassionate appointees would not exceed 3% of the sanctioned strength of the cadre in which such appointment is being considered. A perusal of the minutes of the meeting of the Appointment Committee of Munger Judgeship held on 7.1.2025 and brought on record as annexure to the reply filed on behalf of the petitioner would show that a report was submitted by the Nazir, Civil Court, Munger stating that the sanctioned post of Class-IV employee in the Judgeship is 170 and 5% thereof would be 8.5. As there are already 20 Class-IV employees who have been appointed on compassionate ground and all of them are working in the Judgeship, no further appointment can be made. It may be mentioned here itself that the report talks about 5% employees working on compassionate ground for the reason that subsequent to the above-mentioned decision of 3%, the same had been increased to 5%."

Justice Partha Sarthy observed:"So far as the contention of learned counsel for the petitioner about the restriction of 3% being prospective and not retrospective is concerned, in the opinion of the Court, the same has been applied in a prospective manner, the father of the petitioner having died on 5.6.2016 subsequent to the said decision having been taken and communicated on 4.1.2016. So far as reliance placed on the judgment dated 9.2.2023 passed in L.P.A. no. 127 of 2022 is concerned, in the opinion of the Court, the same is of no assistance to the petitioner. In the facts of the said case, the application of the petitioner therein was rejected on ground of restriction of 3% taken by the High Court on 4.1.2016...."

He added:"The Court while dealing with the policy of the State Government had observed that as it is the practice of the State of preserving 5% of the total sanctioned strength in a district for compassionate appointment and a new rule i.e. The Bihar Civil Court Officers and Staff (Recruitment, Promotion, Transfer and Other Service Conditions) Rules, 2022 had been promulgated which provided for 5% cap on compassionate appointment, the case of the petitioner may be considered by the High Court Administration taking the same into consideration."

The petitioner had prayed for issuance of writ of certiorari for setting aside the decision of meeting of Appointment Committee of Munger Judgeship held on June 11, 2018, whereby and whereunder the appointment of petitioner on compassionate ground was denied. He had also prayed for issuance of writ of mandamus commanding the Respondent authorities directing them to appoint the petitioner on compassionate ground on Class IV post under Munger Judgeship treating the case of petitioner on humanitarian ground.

The case of the petitioner was that the father of the petitioner having died in harness on June 5, 2016 while working in Class-IV post in the Office of the Sub-Divisional Judicial Magistrate at Munger, the petitioner applied for appointment on compassionate ground on September 27, 2016 before the District and Sessions Judge, Munger. He submitted the required papers including affidavits of his mother and brother, however,the Appointment Committee of the Munger Judgeship by a decision taken in its meeting held on June 11, 2018 rejected the application of the petitioner for his appointment on compassionate ground. 

The other four Respondents were:Registrar General, Patna High Court, District and Session Judge, Munger cum Chairman of Appointment Committee of Munger Judgeship, Additional District Judge, Munger cum Member No.1 of Appointment Committee of Munger Judgeship, and Additional District Judge II Munger cum Member No. II of Appointment Committee of Munger Judgeship.