Neeraj Kumar Singh v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No 12592 of 2014 ====================================================== Neeraj Kumar Singh, S/o Late Narmadeshwar Singh, resident of VillageMoujampur, P.S.- Avtarnagar, District- Saran. ... ... Petitioner/s
Versus
1.
The Union Of India through Home Secretary, Government of India, New Delhi 2.
The Inspector General of Central Industrial Security Force, Eastern Zone, Headquarter, Patna.
3.
The Deputy Inspector General of Central Industrial Security Force, Eastern Zone, Headquarter, Patna 4.
The Commandant, Central Industrial Security Force, C.I.S.F. Unit, H.E.C., Ranchi.
5.
The Deputy Commandant, Central Industrial Security Force, C.I.S.F. Unit, H.E.C., Ranchi.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr Bhanu Pratap Singh, Advocate For the Respondent/s :
Mr Rajesh Kr Verma, CGC ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 29-04-2019 Heard learned counsel for the petitioner and the Union of India.
2 Petitioner's father was serving the respondentorganization and passed away due to heart attack. The petitioner, thereafter, submitted his application for appointment on compassionate ground. The application was considered by the authorities who recommended his case for appointment on compassionate ground. As per the stand in the Central Industrial
Patna High Court CWJC No.12592 of 2014 dt.29-04-2019 2/3 Security Force (for brevity, CISF) Circular, the claim of the petitioner was considered thereafter. The petitioner participated in the recruitment test for appointment on compassionate ground conducted on 17.01.2011 but did not qualify in the 5 kilometer run. The requirement of qualifying in the 5 kilometer run is a mandatory requirement. Therefore, petitioner could not be considered for appointment on compassionate ground. As per the extant Circular, which mandates granting of three opportunities to general category candidate, petitioner was given opportunity on second and third occasion wherein he participated in the recruitment test for the post of Head Constable/Clerk on 13.05.2011 and 17.10.2011.
On both these occasions also, he failed in the typing test which was mandatory for the post in which he was being considered. As per the extant Circular governing compassionate appointment (Annexure A to the counter affidavit dated 14.06.2005), the petitioner was given three chances. Since the Circular does not contemplate granting of any further opportunity, respondents have rightly taken a stand that no further opportunity can be granted to the petitioner. 3 Since the uniform procedural requirements contained in the CSF Circular No 21 of 2005 dated 14.06.
Patna High Court CWJC No.12592 of 2014 dt.29-04-2019 3/3 petitioner, wherein he could not succeed, this Court does not find any merit in the claim of the petitioner for appointment on compassionate ground.
4 Writ petition is devoid of merit and the same is dismissed.
(Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.05.2019 Transmission Date NA