The consideration for compassionate employment is not a pre-existing right that can be exercised at any time: Patna High Court.

Sanju Devi, the late Pankaj Kumar’s daughter-in-law, is a resident of the village and a P.O.-Hathidah, P.S.-Hathidah, Distt-Patna, who is fighting the state of Bihar.The Decision in State of Bihar v. Sanju Devi (Citation:HONORABLE MR. delivered L.P.A. No. 109 of 2020).Honorable MR. RAJAN GUPTA and JusticeMOHIT KUMAR SHAH

Facts of the case

This case was brought before the Court to challenge the single judge’s decision from January 6, 2020, in CWJC No.20679 of 2014, stating that the petitioner’s request for a writ of habeas corpus for a compassionate appointment has not been granted and has been dismissed.In this instance, the petitioner had filed the writ petition in question to direct the respondent authorities to appoint her on compassionate grounds in place of her father-in-law’s harness-related death on March 3, 2006.The appellant claims that her father-in-law died in harness on March 3, 2006, while he was working as a Jeep driver. The appellant’s husband, who was the employee’s son, applied for a compassionate appointment on April 7, 2006, but he died on February 25, 2013.Following that, the appellant had applied to the respondent authorities via registered mail for a compassionate appointment.Additionally, it is alleged that the second son of the deceased employee had submitted a petition for appointment on compassionate grounds in the interim, but the petition was denied due to the filing of false certificates.

However, the writ petition has been rejected by the sole judge of this court on the grounds of delay and laches, resulting in this case.


After reviewing the facts and arguments presented by both parties, the court concluded that the petitioner’s application for appointment on compassionate grounds was filed after the statute of limitations had run out, and that the writ petition also suffered from the vice of delay and laches. As a result, the court ruled that the challenged order, dated January 6, 2020, in CWJC No.20679 of 2014, and it appears that the petition was granted.

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