JUDGMENT :

SRI ANANDA SEN, J.

1. Heard the parties.

2. The petitioner in this writ petition has challenged the order dated 19.12.2024. (Annexure 11 to the writ petition) whereby his provisional appointment in Border Road Organization has been cancelled on the ground that he was declared permanently unfit being below the physical standards with respect of his height.

3. Learned counsel for the petitioner submits that once the petitioner has been issued with the provisional selection letter, the same could not have been recalled or cancelled. It is his contention that the petitioner was appointed on compassionate ground in terms of the scheme of compassionate appointment, thus, the strict height criteria should not have been applied in the case of the petitioner. He further submits that he is the only one in the family to look after himself and his mother and other family members after the sudden death of his father who was the only bread winner, working in Group D post. Thus, it was much necessary to grant compassionate appointment to tide over the immediate financial crisis.

4. Learned counsel on behalf of Union of India submits that the normal procedure for appointment has to be followed in the case of compassionate appointment also. The height which was fixed for the personnel is 157 cms but when the height of the petitioner was measured, it was found to be 153.1 cms. Though, in cases under compassionate appointment, there is condition to relax two cms, then also the petitioner will not qualify the minimum eligibility criteria, thus, his case was rejected.

5. After hearing the parties, I find that it is an admitted fact that the father of the petitioner namely Late Durga Rajak was employed as a washerman under the General Reserve Engineer Force in Border Road Organization. He died in harness on 15.12.2018, leaving behind his family members including this petitioner. As there were immediate crisis in the family, the petitioner applied for compassionate appointment which was considered as per the scheme and he was provisionally selected. After provisional selection when he was sent for physical measurement. As his height was measured to be 153.1 cms, his provisional appointment letter was cancelled as he did not meet the standard which was fixed in respect of height which was necessary for the employment.

6. Compassionate appointment is granted to the dependent of the deceased so that they can overcome the sudden financial crisis on death of the bread winner. Hon’ble Supreme Court in the case of Central Coalfields Ltd. v. Parden Oraon, reported in (2021) 16 SCC 384 at paragraph no. 8 has held as under-

8. The whole object of granting compassionate appointment is to enable the family to tide over the sudden crisis which arises due to the death of the sole breadwinner. The mere death of an employee in harness does not entitle his family to such source of livelihood. The authority concerned has to examine the financial condition of the family of the deceased, and it is only if it is satisfied that but for the provision of employment, the family will not be able to meet the crisis that the job is offered to the eligible member of the family [Umesh Kumar Nagpal v. State of Haryana, (1994) 4 SCC 138 : 1994 SCC (L&S) 930] . It was further asseverated in the said judgment that compassionate employment cannot be granted after a lapse of reasonable period as the consideration of such employment is not a vested right which can be exercised at any time in the future. It was further held that the object of compassionate appointment is to enable the family to get over the financial crisis that it faces at the time of the death of sole breadwinner, compassionate appointment cannot be claimed or offered after a significant lapse of time and after the crisis is over.

The compassionate appointment must be backed by rule or scheme. Without a rule or scheme, no compassionate appointment can be granted. Hon’ble Supreme court in the case of SBI v. Raj Kumar