Vijay Ram v. The Government Of India And ORS

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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6478 of 2013 =========================================================== Vijay Ram Son of Late Swati Ram resident of village-Jayantipur, P.O. - Jayantipur, P.S. - Behra, District - Darbhanga (Bihar).

.... .... Petitioner/s

Versus

1. The Government of India through the Secretary, Department of Home Affairs, New Delhi

2. Secretary, Department of Home Affairs, New Delhi

3. Senior Commandant/ Administration, Central Industrial Security Force, National Industrial Security Academy, Hyderabad

4. Commandant (Administration), Central Industrial Security Force, National Industrial Security Academy, Hyderabad

5. The Inspector General, Central Industrial Security Force, National Industrial Security Academy, Hakimpet, Hyderabad -78

6. The Deputy Inspector General, Central Industrial Security Academy, Hakimpet, Hyderabad - 78 .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : M/s Gajendra Prasad Yadav and Alka Verma For the Respondent/s M/s S.D. Sanjay and Anshuman Singh =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 09-05-2016 Heard the parties.

The counsel for the Union of India has filed supplementary counter affidavit.

This matter relates to the appointment of compassionate ground on account of death of the father of the petitioner who died in harness while discharging the duty of Constable in the Central Industrial Security Force. The case of the petitioner was considered and it was found, he cannot be appointed as a Constable on account of below

Patna High Court CWJC No.6478 of 2013 dt.09-05-2016 2/2 height even after relaxation which is a feeder post where the person can be appointed at the initiate stage. Even after the relaxation in height, the petitioner has been found below prescribed height cannot be appointed. The appointment has to be made under the Scheme of appointment on compassionate ground and if any person does not qualify the height even after the relaxation, this Court cannot give a direction to appoint him/her on compassionate ground. In such view of the matter, this Court does not find any merit in the present case and the same is, accordingly, dismissed. (Shivaji Pandey, J) Mahesh/- AFR/NAFR NAFR CAV DATE Uploading Date 11.5.16 Transmission Date