Shaukat Ali v. The Union Of India,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15510 of 2024 ====================================================== Shaukat Ali Son of- Late Ahmad Ali Resident of Village - Chauri, P.S.- Chauri, District - Bhojpur.

... ... Petitioner/s

Versus

1.

The Union of India, through The Director General, Central Reserve Police Force, CGO Complex, Pragati Vihar, New Delhi-110003. 2.

The Deputy Inspector General of Police, Group Centre, Central Reserve Police Force, Mokamaghat (Bihar).

3.

The Deputy Inspector General of Police, Group Centre, Central Reserve Police Force, Yelahanka, Bangalore-64.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv For the U.O.I :

Mr. Manoj Kumar Singh, CGC.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-10-2024 Heard learned Counsel for the petitioner and Learned Counsel for the Union of India.

2. The present writ petition has been filed for directing the respondents to appoint the petitioner on compassionate ground for the post of Head Constable (HC/M) in place of Constable/Genral duty in C.R.P.F. on the basis of qualifying in the Skill Test (Typing Test) as his father had died on 30.06.1994 as a Constable bearing Force No. 913193578.

3. Learned Counsel for the Union raised preliminary objection and submits that it is not the case of compassionate appointment as the petitioner has been appointed on the compassionate basis in the department on the post of

Patna High Court CWJC No.15510 of 2024(2) dt.08-10-2024 2/2 Constable/Genral duty in C.R.P.F. with effect from 23.06.2012. He further submits that after joining on the post of C.R.P.F. General Duty, he has filed application after 12 years that he may be provided joining on the post of C.R.P.F. Head Constable.

4. After hearing the parties, it transpires to this Court that the present case is not the case on compassionate appointment as the petitioner has already been appointed and the question of the compassionate appointed has ended after his joining on the post of Constable/Genral duty in C.R.P.F. But after lapse of about more than 12 years, his demand for compassionate appointment on the next higher post on which he has joined is not reasonable.

5. In this view of the matter, the present writ application is dismissed.

6. It is made clear that dismissal of the writ petition shall not debar the petitioner in granting promotion to the next higher post which is available to him in accordance with the service Rule of the department in which he is working. (Dr. Anshuman, J) Sunnykr/- U