Point of law : As per the law laid down on the appointment on compassionate ground, for all the government vacancies equal opportunity should be provided to all aspirants as mandated under Article 14 and 16 of the Constitution. However, appointment on compassionate ground offered to a dependent of a deceased employee is an exception to the said norms. The compassionate ground is a concession and not a right.

JUDGMENT :

1. Heard Sri Pradeep Kumar Kashyap, learned counsel for the petitioner as well as Sri Shashi Prakash Singh, learned Additional Solicitor General of India assisted by Sri Vivek Triapthi, learned counsel for the respondents.

2. Learned counsel for the petitioner submits that by means of present writ petition, petitioner has assailed the order dated 12.05.2021, passed by the Inspector General of Police, Central Reserve Police Force, Central Command, Vibhuti Khand, Gomati Nagar, Lucknow, whereby candidature of the petitioner for compassionate appointment on one of the various posts in the CRPF have been rejected.

3. It is next submitted by learned counsel for the petitioner that his father was posted as Assistant Sub Inspector at 63 Battalion, CRPF and he died on 18.05.2016 in harness leaving behind his widow wife an petitioner himself as his legal heirs. Petitioner's father was the only bread earner of the family and consequently the petitioner made an application for being appointed under the dying-in-harness rules applicable to the said Organisation, for the posts which have been earmarked for the same.

4. The petitioner was asked to appear for physical test on 13.05.2019, at NOIDA, and which he could not clear and consequently was found unfit for being appointed on the post of constable.

5. Consequently, case of the petitioner was also considered on the post of Hawildar/Ministerial or Assistant Sub-Inspector, but his candidature was again rejected on the ground that he was over age and also because of his marital status.

6. Subsequently, the petitioner was also considered to be appointed on the Post of Driver but the same could not be considered as the petitioner has not submitted any driving license and while rejecting the said the application of the petitioner, it has been stated that they have considered the application for appointment but due to the aforesaid reasons, compassionate appointment cannot be given to the petitioner.

7. It has been submitted by learned counsel for the petitioner that he had made the application for compassionate appointment in the year 2016 and consequently his age as in 2016 should have been considered while considering him for appointment and therefore his application should not have been rejected on the ground of over age.

8. Heard learned counsel for the parties and perused the record.

9. It has been noticed that age of the petitioner on the date of consideration of his application for compassionate appointment would be a relevant consideration. For compassionate appointment, there are several applications and when ever vacancy is offered to a candidate, his qualifications and eligibility has to be considered according to the post against which he/she is being considered and therefore the age as on the date on which the application is considered would be the relevant date, and not when the application is made.

10. In this connection reference may be made to the observations of Hon'ble Supreme Court in the case of The State of Uttar Pradesh and others Vs. Premlata in Civil Appeal No.6003 of 2021 as under:-

8. While considering the issue involved in the present appeal, the law laid down by this court on compassionate ground on the death of the deceased employee are required to be referred to and considered. In the recent decision this court in Civil Appeal No.5122 of 2021 in the case of the Director of Treasuries in Karnataka & Anr. vs. V. Somashree, had occasion to consider the principle governing the grant of appointment on compassionate ground. After referring to the decision of this court in N.C. Santhosh vs. State of Karnataka and Ors. reported in (2020) 7 SCC 617, this Court has summarized the principle governing the grant of appointment on compassionate ground as under:

(i) that the compassionate appointment is an exception to the general rule;

(ii) that no aspirant has a right to compassionate appointment;

(iii) the appointment to any public post in the service of the State has to be made