Sri Bhagwan Kharwar v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15863 of 2015 ====================================================== Sri Bhagwan Kharwar Son of late Rajnarayan Kharwar Resident of VillageArjunpur P.s Semri District Buxar ... ... Petitioner

Versus

1.

The Union Of India through Joint Secretary, Department of Home, Govt. of India, New Delhi 2.

The Director General ,CRPF, C.G.O. Complex, Lodhi Road New DelhiMinistry of Home Affairs 3.

The Inspector General , Bihar Sector Sector CRPF, Patna. 4.

The Deputy Inspector General , Recruitment Directorate General CRPF, C.G.O. Complex, Lodhi Road, New Delhi 5.

The Deputy Inspector General , Group Centre ,CRPF, Mokama Ghat, Bihar. 6.

The Commandant , 11, Batallion ,CRPF, Latehar, Jharkhand ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Pandey For the Respondent/s :

Mr.S.D Sanjay Addl. Soc. Gen.

Mr. Kumar Priya Ranjan, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-04-2019 Heard learned Counsel for the petitioner and the learned Counsel for the respondents.

Relying upon the scheme for compassionate appointment dated 9.10.1998 submission is advanced by petitioner's Counsel that the scheme for compassionate appointment is not confined to the Ministry/Department/Office in which the deceased was working. Such appointment can be given anywhere under the Government of India depending on availability of a suitable vacancy meant for the purpose of compassionate appointment.

Patna High Court CWJC No.15863 of 2015(3) dt.09-04-2019 2/3 Counsel for the petitioner submits that since the petitioner, who desires compassionate appointment, is not fulfilling the minimum requisite qualification/physical standards for grant of benefit of compassionate appointment under the respondent Force, his claim may be considered under the said office memorandum dated 9.10.1998 and the list of FAQ of compassionate appointment issued by DoP&T dated 30.5.2013. In this respect, he submits that relying upon the office memorandum he would be submitting his claim before the Inspector General, Bihar Sector Sector CRPF, Patna. (respondent No. 3).

It is made clear that since the scheme has to be considered for appointment under any other office/department of the Government of India under the scheme, the Inspector General having regard to the said office memorandum should take appropriate action and forward the petitioner's claim for consideration by the competent authority.

Let the entire exercise of consideration of petitioner's claim be concluded within three months from the date of submission of representation by the petitioner along with a copy of this order before respondent No. 3. In case petitioner's claim is not found worthy of compassionate appointment, the

Patna High Court CWJC No.15863 of 2015(3) dt.09-04-2019 3/3 respondents would be obliged to dispose of the claim by a reasoned and speaking order in accordance with law within the aforesaid period.

The writ application is disposed of.

(Madhuresh Prasad, J) SNkumar/- U