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Judgment
This appeal has been preferred against the order dated 30.10.2025 passed in C.W.J.C. No. 16849 of 2018, whereby the learned Single Judge has dismissed the petition filed by the appellant herein seeking compassionate appointment by stating in paragraphs 11, 12 and 13 as under:-
"11.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 as stated herein above. This 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 OtherService 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.
12.So far as the fa cts of the instant case is concerned, even taking into consideration the 5% strength to be 9, 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 submission of learned counsel for the appellant is primarily that the restriction of 3% on compassionate appointment was introduced on 04.01.2016, whereas the deceased employee had expired on 27.09.2016 and, as such, the said cap would not be applicable in the case of the appellant.
We are not in agreement with the said submission, as he himself, during the course of submissions, conceded that the restriction was introduced on 04.01.2016, before the employee died. We are of the view that as the employee died on 27.09.2016, which is much after 04.01.2016, the case of the appellant would be governed by the restriction of 3% (later increased to 5%) as prescribed.
In that view of the matter, the learned Single Judge was right in holding that the Bihar Civil Court Officers and Staff (Recruitment, Promotion, Transfer and Other Service Conditions) Rules, 2022 had been promulgated, which provided for a 5% cap on compassionate appointment. We further note that the sanctioned strength of Class-IV employees in the Judgeship was 170 and 5% thereof would be 8.5. It is an undisputed fact that there were 20 persons already working as Class-IV employees who had been appointed on compassionate ground. We, therefore, find no reason to interfere with the impugned order passed by the learned Single Judge.
Accordingly, the appeal is dismissed.
No costs.
Interlocutory application(s), if any, shall also stand dismissed.