IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8939 of 2023 ====================================================== Abhilasha Kumari Daughter of Late Sudha Jha, W/o Paras Nath Singh Thakur, Resident of Road No-2, Anand Nagar, Post- Dumari, Police Station- Sadar, District- Muzaffarpur, Bihar. ... ... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Additional Chief Secretary, Road Construction Departmnet, Government of Bihar, Patna. 3. The District Magistrate, Muzaffarpur. 4. The Superintending Engineer, North Bihar Road Construction Division, Muzaffarpur. 5. The Executive Engineer, Road Construction Division, Muzaffarpur. 6. The District Establishment Officer, Muzaffarpur. 7. The Circle Officer Mishari, Muzaffarpur. 8. The General Administration Department, through Additional Chief Secretary, General Administration Department, Government of Bihar, Patna. 9. The Additional Chief Secretary, General Administration Department, Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Pravashankar Mishra For the Respondent/s : Mr. Narendra Kumar Singh A.C. to G.P. 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL JUDGMENT Date : 25-02-2025 Heard learned counsel for the petitioner and learned counsel for the respondents-State. 2. Challenging the order dated 01.07.2022, Annexure-9, whereby the claim of the petitioner for grant of compassionate appointment has been rejected, this petition has been filed by the petitioner. Patna High Court CWJC No.8939 of 2023 dt.25-02-2025 2/4 3. The brief facts of the case is that the mother of the petitioner was an employee in the Road Construction Department, Government of Bihar posted at Circle-01, Muzaffarpur on the post of Clerk. While working in service, she died on 09.03.2020 left behind only daughter i.e. petitioner. Petitioner is totally dependent upon her mother and she could not fulfill the financial need of the petitioner. Therefore, being a dependent married daughter, the petitioner filed an application for grant of compassionate appointment which has been rejected vide impugned order dated 01.07.2022 and hence, this petition. 4. It is submitted by learned counsel for the petitioner that though the petitioner is a married lady but she was totally dependent upon her mother and her husband is unemployed. Therefore, on this ground she is entitled to get appointment on compassionate ground and her claim has wrongly been rejected by the respondents authority. 5. Learned counsel for the respondents opposes the argument raised by the counsel for the petitioner and submits that as contained in paragraph no. 3 of the Circular No. 16973 dated 10.12.2014, petitioner is not entitled to get any appointment on compassionate ground as her mother i.e. deceased as well as her father has already died. Patna High Court CWJC No.8939 of 2023 dt.25-02-2025 3/4 6. I have heard learned counsels appearing for both the parties and perused the documents annexed with the petition as well as counter affidavit submitted by the learned counsel for the respondents. 7. Claim of the petitioner has been rejected on the ground that both mother and father of the petitioner have been died and petitioner is a married lady. Therefore, she was not considered as a dependent of the deceased employee. At this juncture, it would be appropriate to quote paragraph-3 of the Circular No. 16973 dated 10.12.2014 : ^^vr% mi;qZDr ds ifjizs{; esa fof/kd ijke kZ ds vkyksd ” esa lE;d:is.k fopkjksijkUr jkT; ljdkj }kjk fu.kZ; fy;k x;k gS fd e`r ljdkjh lsod dh larku ds :i esa ek= iqf=;ksa ds gksus dh fLFkfr esa fookfgrk iq=h dks Hkh vuqdEik ds vk/kkj ij fu;qfDr ds iz;kstukFkZ vkfJr ekuk tk;sxk] c krsZa e`r ljdkjh lsod ds ” ifjokj esa mudh iRuh vFkok ifr ds vfrfjDr vU; dksbZ vkfJr u gksA^^ 8. Perusal of the above clearly shows that though the married daughter will be considered for grant of compassionate appointment but there is a rider that spouse of the deceased employee will alive and no other dependent of the deceased employee were there. Since in the matter of petitioner, both mother and father of the petitioner have already been died. Apart from the petitioner, no other member of the family is Patna High Court CWJC No.8939 of 2023 dt.25-02-2025 4/4 present who dependent upon the deceased employee. Therefore, in the light of paragraph no.-3 of the Circular No. 16973 dated 10.12.2014, the claim of the petitioner has rightly been rejected by the respondents authority. I do not find any merit in the petition. 9. Accordingly, the petition is dismissed, having no merit. shailendra/- (Arvind Singh Chandel , J) AFR/NAFR NA CAV DATE NA Uploading Date 28.02.2025 Transmission Date NA