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2024 Supreme(Pat) 905

IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH, J.
CWJC No.17031 of 2024
(12.11.2024)
Shivkant Kumar ... Petitioner
vs.
Union of India & Ors. ... Respondents

Advocates:
For the Petitioner: Mr. Rahul Rathour.
For the UOI : Mr. Amarendra Nath Verma, C.G.C.

Headnote:

Service Law – Compassionate Appointment – Territorial jurisdiction of High Court – Father of the petitioner died in harness in Muzaffarpur, which falls within the jurisdiction of the Patna High Court and several communications made at the residential address of the petitioner in the village of Muzaffarpur – A fraction of the cause of action arose within the territorial jurisdiction of the Patna High Court and therefore, the present writ petition is maintainable. (Paras 10 & 13)

Service Law – Compassionate Appointment – Petitioner's father died in harness while working as constable/GP's CRPF – Petitioner declared unfit on medical ground for being appointed on compassionate ground – Further, a communication was also made that he had not disclosed as to whether he has given "no objection" in favour of the petitioner – Standing Order No. 5 makes it clear that there is no prescription of physical standard for the post of constable (Daftry/Peon/Safai Karamchari (Min)/Farash) and for Constable (Library Assistant), which disentitles the petitioner for being considered to be appointed on compassionate ground – the dispute relating to the entitlement of the petitioner or any of his family members being private in nature, the High Court will not enter into it and the petitioner may make it clear to the authority concerned – Competent authority directed to consider the case of the petitioner in the light of law laid down by the Apex Court and the Standing Order No. 5 of 2001 of the CRPF. (Paras 17 to 20)

Kusum Ingots and Alloys Ltd. Vs. Union of India, (2004) 6 SCC 254; Rameshwar Prasad Vs. Union of India, 2003 (2) PLJR 151; Nawal Kishore Sharma Vs. Union of India, (2014) 9 SCC 329; Umesh Kumar Nagpal Vs. State of Haryana, (1994) 4 SCC 138; State of West Bengal Vs. Debabrata Tiwari Etc. passed in Civil Appeal nos. 8842-8855 of 2022; Jagdish Prasad Vs. State of Bihar, (1996) 1 SCC 301; State of U.P. Vs. Paras Nath, (1998) 2 SCC 412 – Relied.

Purnendu Singh, J.—Heard Mr. Rahul Rathour, learned counsel appearing on behalf of the petitioner and Mr. Amarendra Nath Verma, learned counsel for the Union of India.

2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, following relief(s), which are reproduced hereinafter:—

“(i) For quashing the communication contained in Letter No. M5-01/2024 dated 24.05.2024 issued under the signature of respondent No. 3 whereby and whereunder the candidature of the petitioner for grant of compassionate appointment on the post of Constable/ GD has been rejected in light of Para-E of Central Reserve Police Force and Assam Rifles Recruitment Medical Examination Manual (Amended till May, 2015).

(ii) To set aside the decision of the Review Medical Board (in short "RMB") dated 24.06.2024, by virtue of which the petitioner was declared medically unfit for appointment as Constable (GD) in the Central Reserve Police Force.

Or in alternative

(iii) For directing the respondents to consider the case of the petitioner for appointment on any other suitable post as may be deemed fit and proper in the present case in terms of Letter No. A6-1/2024 dated 12.08.2024.

(iv) For any other relief/ reliefs if petitioner found entitle in the facts and circumstances of the present case.

Preliminary Objection :

3. Learned counsel appearing on behalf of the Union of India, at the outset, raised preliminary objection that the present writ petition is not maintainable before this Court in view of the fact that the cause of action has taken place in the State of Odisha and the petitioner has also made his application for being considered his appointment on compassionate ground in the State of Odisha. As such the petitioner’s appointment on compassionate ground can only be considered by the DIG, CRPF, Bhubaneswar in view of the communication dated 12.08.2024.

4. I will deal with the maintainability of the writ petition after discussing the facts of the case and the rival submissions made on behalf of the parties in latter part of this order.

Brief Facts:

5. The father of the petitioner died in harness on 30.05.2023 while he was posted as Constable/GD in Central Reserve Police Force (hereinafter referred to as “CRPF”). The petitioner has claimed that he is the youngest son of the deceased Anandi Ram and had applied before the authority for considering his appointment on compassionate ground in requisite form (Form No.IV) in terms of the relevant Rules for the year 2024. Thereafter, the petitioner was called for medical examinaiton and after examining the petitioner by the Medical Board, it was found that the left testis of the petitioner was not visualized and also at the same time had mild hydrocele on the right. The petitioner was declared medically unfit due to absence of left testis in left scrotum. Such communication was made to the petitioner on 24.06.2024. The Director General of Police (Welfare), CRPF, New Delhi informed the petitioner vide communication dated 24.05.2024 that his application dated 19.07.2024 for being considered to be appointed on the post of Constable/GD on compassionate ground cannot be accepted in view of the prescribed guidelines issued by the Home Ministry, Government of India. The petitioner, thereafter, again filed his representation before the Director General, CRPF, New Delhi for considering his case for appointment on compassionate ground on some other posts taking into consideration the constrained financial position of the family. The representation of the petitioner was considered and again for the reason which was already communicated to the petitioner as contained in Letter dated 24.05.2024, the request of the petitioner for being considered his appointment on compassionate ground has been rejected informing the mother of the petitioner Smt. Machhiya Devi vide letter dated 12.08.2024 that if her elder son is found medically fit, he can be considered for being appointed on compassionate ground considering t

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