Shobha Devi v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11528 of 2013 ====================================================== Shobha Devi wife of Late Manishankar Prasad, R/o village Sarmaspur (Narsanda) P.O. Kalwari P.S.Kanti District Muzaffarpur. .... .... Petitioner/s

Versus

The Union of India & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bipin Bihari Singh, Adv. For the Respondent/s : Mr.Sanjay Kumar, ASC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-01-2015 Heard counsel for the petitioner and the respondents. In the present case, husband of the petitioner was serving the Central Reserve Police Force, (in short, 'CRPF') who met with a accident and died on 2nd March 2012 and thereafter she applied for her compassionate appointment for the post of Hawaldar.

Her candidature was processed and she was asked to appear before the Medical Board, which found her height short by 12 cms. The matter was referred to D.G. Level. There also her case was considered and he has shown his inability to relax 12 cm and thereafter her case was considered at the Ministry level and vide Memo No. 16023/8/2010-PERS-II (MHA) dated 16th January 2013 rejected the claim of the petitioner.

Counsel for the petitioner submits that though she

Patna High Court CWJC No.11528 of 2013 (8) dt.13-01-2015 2/3 applied for the post of Hawaldar and she is agreeable to serve the CRPF even for the Post of clerk but in view of her height, she is ready to serve the CRPF on any post which is available and the counsel has also drawn attention to Para-2 of the counter affidavit from where it appears respondents intimated the petitioner to furnish her willingness for the post of CT/Mahila and vide her application dated 7th July 2012 the petitioner intimated she is willing only for the clerical job and the petitioner is not eligible due to short of height by 12 cms.

It appears from Annexure-L that her case for appointment on compassionate ground to the post of Hawaldar (Ministerial) was sent to Home Ministry for granting relaxation of height. As in the present case she has come down and is ready to serve the CRPF on any post In view of the aforesaid submission, let petitioner file a representation before the I.G., CRPF, Bihar Sector, Rajiv Nagar, Digha, Patna who will refer the matter to the D.G., CRPF and the D.G. will refer the matter to the Home Ministry who will consider the case of petitioner and will examine as to whet her she can be accommodated on any post of CRPF and will also consider whether she can be given relaxation of 12 cm and after consideration of her case, pass a reasoned order within a period of

Patna High Court CWJC No.11528 of 2013 (8) dt.13-01-2015 3/3 three months fro the date of foiling of the representation. With the above observation/direction, this petition is disposed of.

(Shivaji Pandey, J) Jay/- U