Rupa Kumari v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19044 of 2024 ====================================================== Rupa Kumari Wife of Late Manish Kumar Singh, Permanent resident of Anugrah Nagar Bimla Niwas, Near Jagannath Mandir Dhansar, Jagannath Mandir, Rajasbera, Dhanbad, Jharkhand. (828106) at present Quarter No. 458, Block No. 32, Type-2 Group Center, Muzaffarpur, Bihar. (842004). ... ... Petitioner/s

Versus

1.

The Union of India through the Home Secretary, Ministry of Home Affairs, Government of India, New Delhi.

2.

The Director General, Central Reserve Police Force (CRPF), CRPF Head Quarters, CGO Complex, Lodhi Road, New Delhi- 03. 3.

The Inspector General, Sector Bihar, Central Reserve Police Force (CRPF), Patna.

4.

The Commandant, 03 Signal Battalion, Central Reserve Police Force, Kolkata, West Bengal.

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

For the Petitioner/s :

Mr. Sriram Krishna, Advocate Mr. Amarjeet, Advocate Mr. Prabhat Kumar Singh, Advocate For the Respondent/s :

Mr. Amarendra Nath Verma, Sr. Panel Counsel Mr. Girija Shankar Prasad, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-04-2026 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant application for the following relief(s):

"I. To issue an appropriate Writ(s), Order(s) or Direction(s) to the respondent authorities to appoint the petitioner on compassionate grounds to the post of Multi Tasking Staff (ministerial) MTS as per her qualifications;

II. In the alternative and without prejudice to the above to issue an appropriate Writ(s), Order(s) or Direction(s) to the respondent authorities to

2/4 expeditiously consider and dispose of the representation filed by the petitioner before the appropriate authorities praying for appointment on compassionate grounds to the post of Multi Tasking Staff (ministerial) MTS; and III. To pass any other appropriate Writ(s), Order(s), or Direction(s) that this Hon'ble Court may deem fit on the facts and in the circumstances of the case."

3. The case of the petitioner in brief is that her husband who was working in the Central Reserve Police Force having died in harness in a road accident on 9.3.2020 while on duty, the petitioner applied for appointment on compassionate ground.

4. Bereft of unnecessary details, it may be observed here that in the second supplementary counter affidavit filed on behalf of the respondents on 24.3.2026 statement to the following effect has been made:

"3. That the vacancy available for appointment on compassion was notified category-wise as per practice in vogue. As the petitioner chose the position of Constable-Daftary, she was helped out filling in the application and her application was duly processed. She was facilitated for the different tests including the physical test at her nearby place. As her age was found more, the same was got relaxed through due process. Thus, the lady was extended a helping hand in every legal way. However, despite due

3/4 consideration, she could not be appointed as she remained at 14th place in the merit-point system even as the top three got appointed evident from the communication dated 17.12.2025. It is respectfully submitted that the respondents are bound by the recruitment rules of the organization based on the rules of the Department of Personnel and Training, Government of India and they can not appoint the petitioner on compassionate grounds de hors the New Relative Merit Points System prepared by the competent authority on the performance in accordance with law.

True-copy of the communication dated 17.12.2025 in the matter of compassionate appointment is being annexed herewith and marked as Annexure-SCA/4.

4. That as already stated, recruitment for the appointment takes place every six months and accordingly the next vacancy has already been published by the respondents on 02.01.2026 which is appended herewith for ready-reference. As before, if the petitioner again applies for the post of her choice, the respondents assure to extend their compassionate gestures but strictly in accordance with the merit of the competing candidates in compliance of the New Relative Merit Points System and the recruitment rules. The respondents assure this Hon'ble Court that they would, as they are duty-bound to, consider the petitioner's case for compassionate appointment. True-copy of the

4/4 vacancy-position dated 02.01.2026 published by the respondents is being annexed here and marked as AnnexureSCA/5."

5. Further, enclosing the list of candidates waiting for appointment on compassionate ground as Annexure SCA/4 to the above affidavit, perusal thereof would show that the name of the petitioner figures at sl. no.14.

6. In view of the averments made in the counter affidavit about the case of the petitioner having been considered for appointment on compassionate ground and the petitioner having secured 38 points as per New Relative Merit Points System as a result of which name of the petitioner figures at sl. no.14 and appointments are taking place every six months, the writ application is disposed of directing the respondents to consider the case of the petitioner at the earliest taking into consideration that the matter relates to appointment on compassionate ground and the financial difficulty faced by the petitioner.

7. The writ application stands disposed of.

(Partha Sarthy, J) Saurabh/- U