Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Pat) 648

IN THE HIGH COURT OF JUDICATURE AT PATNA
P.B. BAJANTHRI, ALOK KUMAR PANDEY, JJ.
Pankaj Kumar Rai, Son of Late Janardan Rai - Appellant
Versus
The Union of India, through Director General of Police, CRPF, DIGP Administration and Ors. – Respondents
Letters Patent Appeal No.1356 of 2019 In Civil Writ Jurisdiction Case No.16708 of 2019
Decided On : 06-05-2024

Advocates Appeared:
For the Appellant : Mr. Arvind Kumar Sharma
For the Respondents:Mr. S.D. Sanjay (Adsg), Mr. Awdesh Kr. Pandey Sr. C.G.C., Mr. Arvind Kumar, C.G.C., Mr. Lokesh Kumar Advocate, Mr. Chandra Mohan Kumar, Sub-inspector(Min) CRPF

Compassionate appointments do not require adherence to physical standards as per relevant standing orders, emphasizing social justice in employment for dependents of deceased government servants.

Headnote:(A) Standing Order No. 05/2001 - Compassionate appointment - The appellant sought compassionate appointment after his father's death in harness in 2012. The court found that the physical standards for Constable posts should not apply to compassionate appointments, as per Standing Order No. 05/2001. The learned single judge failed to appreciate the relevant policies. (Paras 1, 5, 6, 10)

(B) Compassionate appointment - The court emphasized that compassionate appointments are a social legislation and should not impose unnecessary physical standards that could hinder the appointment of deserving candidates. (Paras 6, 9)

Facts of the case:
The appellant's father died while in service, and the appellant was denied compassionate appointment due to not meeting physical height standards for Constable positions.

Findings of Court:
The court set aside the learned single judge's order and directed the official respondents to reconsider the appellant's application without imposing height standards.

Issues: The main issue was whether physical standards should apply to compassionate appointments.

Ratio Decidendi: The court ruled that compassionate appointments should not be subjected to physical standards, emphasizing the need for fairness in such cases.

Result: The appeal was allowed, and the order of the learned single judge was set aside.

JUDGMENT :

(P.B. Bajanthri, J.)

The appellant has assailed the order of the learned single dated 28.08.2019 passed in CWJC No. 16708 of 2019. Core issue involved in the present lis is whether appellant is entitled to be consider for compassionate appointment on account of the fact that his father died in harness in the year 2012, when his father was holder of Class-IV Post/Class III Post. The Official-respondents have examined the eligibility of the appellant and found that he do not fulfill the physical standard of height to the post of Constable/Constable Peon and similar post. Non-consideration of appellant's name for compassionate appointment was a subject matter of CWJC No. 16708 of 2019. The learned single judge has not appreciated the relevant policy decision of the official-respondent insofar as Standing Order No. 01/ 2012 notified on 09.01.2012 in respect of Recruitment of Constable (Daftry/Peon/Safai Karamchari (Min) Farash/Library Attendant) in C.R.P.F. Physical standards prescribed for the open competition/recruitment to the various posts cited (supra) are as under:

(c)	Physical Standards	HEIGHT(For Male Candidates only)
		For General/OBC/SC Candidates		165 Cms
		For ST candidates including Adivasis of all States/ Union Territory.		162.5 Cms
		HEIGHT (For Female Candidates only)
		For General/OBC/SC including Gorkhas/Garhwalies/Kumaonese/Dogras and Marathas candidates		155 Cms
		For ST candidates including Adivasis of all States/ Union Territory		154 Cms
		CHEST (Male Candidates)	Unexpanded	Expanded
		For General/OBC/SC candidates	77 Cms	82 Cms
		For ST candidates including Adivasis of all States/Union Territory.	76 Cms	81 Cms
(d)	Weight	Proportionate to height and age as per medical standards for Male & Female.

2. Standing Order No.05/2001 relates to compassionate appointment. Compassionate appointment will be made against direct recruitment quota of group 'C' and group 'D' post only. Eligibility is as under:

Widow, son or daughter including adopted son/daughter of the Govt servant who dies in harness including death by suicide, missing and medically invalidated personnel will be eligible for compassionate appointment. However, real brother or sister, where the deceased was not married and the parents were dependent upon him and have no other means of livelihood, are also eligible. Compassionate appointment will be considered, provided no other earning members of the deceased family is already in service and that condition of the family is penurious.

The competent authority (ADG/IGP) should be satisfied that the case is justified having regard to the number of dependents, the assets and liabilities left by the deceased, the income of the earning members and whether they are residing with the family of the deceased Government Servant.

Applications for compassionate appointment should be appointed only if they are eligible and suitable for the post in all respects under the provisions of the relevant recruitment rules. Each case will be considered on definite merit as compassionate appointment is not a vested right. The authority concerned has to examine the financial condition of the family of the deceased and if it is satisfied that, but for the provision of employment, the family will not be able to meet the crisis that a job is to be offered to the eligible member of the family. Recruitment under these instructions has to be need based.

While considering compassionate appointment, amount of grant of LPA and Ex-gratia payment and pecuniary conditions of the applicant should be taken into account. NOK whose pecuniary condition is worst compared to other will be given preference.

3. Standing Order No. 5/2001 cited (supra) do not stipulate physical standards. Whereas office memorandum-subject scheme for compassionate appointment under the central government-revised consolidated instructions dated 09.10.1998 issued by the Ministry of Pe

Click Here to Read the rest of this document