In cases of compassionate appointment, where both the deceased employee and their spouse die simultaneously with no immediate heirs, exclusionary clauses regarding a sibling's eligibility should be interpreted purposively rather than literally to fulfill the welfare objective of providing financial relief.

Order on Board

02/04/2026

1. By way of this petition, the petitioner has prayed for following reliefs:-

“10.1 That the Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of petitioner and after its perusal allow the petition.

10.2 That the Hon'ble Court may kindly further be pleased to quash the impugned letters dated 28/7/2022 and 18/8/2022 (Annexure P-7 and P-8) issued by the respondent No.2 and 3 and direct the respondents provide for compassionate appointment Or in alternative case be remitted back to the respondents for enquiry as ordered by this Hon'ble High Court in W.P.(S) No.2728 of 2017 (Annexure P-9).

10.3 That any other relief which this Hon'ble Court deems fit and proper in the facts and circumstances of the case be also granted to the petitioner.”

2. Brief facts of the case, is that, the petitioner’s elder brother, Late Chandra Bhushan Jagat, was appointed as Constable (General Duty) in the CRPF (No. 175283854) vide appointment order dated 28.02.2017 issued by the Deputy Inspector General of Police, GC, CRPF, Gwalior (M.P.), and while posted at Unit Headquarters, 113 Battalion, Dhanora, he unfortunately committed suicide on 10.03.2022 immediately after completing his sentry duty by using his service weapon (5.56 mm INSAS Rifle, Butt No. 134, Regd. No. 16370492) by firing two rounds, whereupon respondent No. 3 vide letter dated 10.03.2022 promptly informed the petitioner’s father, thereafter, upon completion of all formalities including postmortem and departmental inquiry, respondent No. 3 forwarded the death certificate of the deceased vide letter dated 22.04.2022, and as per records, the wife of the deceased also committed suicide on the same day, i.e., 10.03.2022, leaving behind no surviving children, that the petitioner, being unmarried, was wholly dependent upon his elder brother (the deceased), who was the sole breadwinner supporting the petitioner, his parents, and minor sister, and a Dependent Certificate to this effect was also issued by the Village Panchayat Kukurdikera, Tehsil Masturi. Respondent No. 3, vide letter dated June, 2022, called upon the petitioner’s father to submit requisite documents for processing a case of compassionate appointment, pursuant to which the petitioner applied for compassionate appointment to the post of Constable (GD) in the prescribed proforma along with all necessary documents, and the same was duly recommended and forwarded by respondent No. 3 to respondent No. 2, DIGP, GC, CRPF, Nagpur, vide letter dated 19.07.2022, however, respondent No. 2, vide impugned letter dated 28.07.2022, rejected the claim on the ground that as per Standing Order No. 02/2021, an unmarried brother is treated as a dependent family member only in the case of an unmarried government servant, and since the deceased was married at the time of death, the petitioner was held ineligible, and consequently respondent No. 3 returned the petitioner’s application vide letter dated 18.08.2022 that such rejection is arbitrary, illegal, and defeats the very object of the compassionate appointment policy, which is to provide immediate financial relief to the family of the deceased employee, and the authorities failed to conduct any proper inquiry regarding the petitioner’s dependency before rejecting the claim, thereby rendering the impugned communications liable to be quashed and the matter remitted for fresh consideration. Hence, this petition.

3. Learned counsel for the petitioner submits that although the deceased employee was married, on the fateful day of the incident both the husba