Purnendu Singh, J.—Heard the matter in “Virtual Hybrid Mode”.

2. Learned counsel appearing on behalf of the Union of India joined the proceeding through video conferencing and heard Mr. Bipin Kumar, learned counsel along with Mr. Amarnath, learned counsel appearing on behalf of the petitioner.

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

“I. For the issuance of writ/writs in the nature of mandamus commanding the respondents to immediately appoint the petitioner to the post of cleaning worker under C.T/S.K. to which the petitioner is rightfully entitled and legally eligible.

II. For the issuance of writ in the nature of mandamus as to why the petitioner has not been appointed as cleaning worker under C.T./S.K. despite the fact that the petitioner is eligible for the same as compassionate appointment.

III. For any other writ/writs, order/orders, direction/ directions as this Hon'ble court may deem fit and appropriate in the facts and circumstances of this case.”

Brief Facts:

4. The brief facts of the case are that the father of the petitioner died in harness on 18.04.2022 while he was serving as ASI/GD in Jammu and Kashmir under Battalion No. G/187 and Force No. 820300034. The petitioner being dependent and for survival of his family, he applied for considering his case for being appointed on compassionate ground for the post of Constable (GD), but he was not selected. Thereafter, the petitioner expressed his willingness to be appointed as cleaning worker in CT/SK and in this regard filed a representation dated 17.09.2023 (Annexure-P/3) before the Commandant, 187th BN CRPF Battalion. In response to the representation of the petitioner, a notice for pre-selection training was issued to the petitioner, wherein name of the petitioner appears at Sl. No.4 and a pre-selection training was scheduled to be held from 27.05.2024 to 10.06.2024 for the post of Constable/GD (Driver, Cook, Cleaning Worker, Water Carrier, Bigular). The petitioner appeared in the pre-selection training and he along with 25 other applicants were subjected for medical test, in which the petitioner was found unfit and for the said reason, his case for compassionate appointment was not considered.

Submission on behalf of the parties:

5. Learned counsel appearing on behalf of the petitioner contended that the petitioner applied before the authority for considering his appointment on compassionate ground after his father died in harness on 18.04.2022. The learned counsel further stated that thereafter the petitioner was called for medical examination and after examining the petitioner by Dr. Santosh Suman, nominated for DME of the candidates at CRPF Group Centre, Mokamaghat, Patna, the petitioner was declared unfit by the doctor due to deviated nasal semptum, bilast hydrocele and mild bronchitis and his application for compassionate appointment was rejected. Learned counsel further contended that non-consideration of the entitlement of the petitioner for considering his appointment for the post of Constable/SK in light of the Standing Order No. 05 of 2001 of the CRPF and several law laid down by the Apex Court will amount to defeating the objective of the compassionate appointment.

6. Per contra, learned counsel appearing on behalf of the Union of India submitted that the case of the petitioner cannot be considered in view of the fact that the petitioner has been found medically unfit during medical assessment test, as it would appear from letter issued to Deputy Inspector General of Police, Composite Hospital, Keripuwal, Muzzafarpur. (Annexure P/6 of the writ petition).

Analysis and Conclusion:

7. Heard the parties.

8. The law is well settled in respect of appointment on compassionate ground. The Apex Court relying on the ratio of Umesh Kumar Nagpal vs. State of Haryana and Others reported in (1994) 4 SCC 138, further in Paragrpah No. 7.2 in the case of The State of West Bengal v