IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19257 of 2010 JITENDRA KUMAR SINGH SON OF LATE BHAGWAT SINGH R/O MOHAMMADPUR P.S. HASUA, DIST. NAWADA …PETITIONER Versus 1. THE UNION OF INDIA THROUGH DIRECTOR GENERAL, CENTRAL INDUSTRIAL SECURITY FORCE, 13, C.G.O. COMPLEX, LODHI ROAD, NEW DELHI. 2. THE INSPECTOR GENERAL, CENTRAL INDUSTRIAL FORCE, HOME DEPARTMENT, CENTRAL INDUSTRIAL SECURITY FORCE, WEST ZONE, HEADQUARTERS, PATNA 3. THE SENIOR COMMANDANT, CENTRAL INDUSTRIAL SECURITY FORCE, NATIONAL DISTER RESPONSE FORCE (MINISTRY OF HOME AFFAIRS, NDRF, BN. MUNDALI CUTTAK, ORISSA 4. THE COMMANDANT, CENTRAL INDUSTRIAL SECURITY FORCE N.D.R.F. BATTALLION, MUNDALI, CUTTAK, ORISSA 5. THE DEPUTY INSPECTOR GENERAL, C.I.S.F. F.S.T.I. HYDRABAD 6. THE ASST. COMMANDANT, CENTRAL INDUSTRIAL SECURITY FORCE, WEST ZONE HEADQUARTERS, PATNA …RESPONDENTS For the petitioner : Mr. Bhavesh Kumar & :Mr. Raj Kumar Paswan For the respondents :Mr. Shiv Kumar,C.G.C. ----------- 05. 23.06.2011 Heard learned counsel for the petitioner and the respondent-Union of India. Petitioner’s father was serving as Sub Inspector in the Central Industrial Security Force 4th Res. Bn. at Ranchi. He died in harness on 20.09.2004. Petitioner being the eldest son, applied for his appointment on compassionate ground on 05.09.2008. This was followed by several communications. Since the consideration of his case was being inordinately delayed, the petitioner approached this Court by filing the present writ petition seeking a direction upon the respondents to appoint him on compassionate ground as his father had died in harness and the petitioner, in terms of relevant rules/circular of 2 the department, was entitled to be considered for such appointment. This Court by order dated 25.11.2010 directed the respondents to file counter affidavit indicating therein the time to be consumed in taking final decision in the matter. Accordingly, a counter affidavit has been filed on behalf of the respondents affirmed by Group Commandant in the office of CISF Group Hqrs. Patna, paragraph 14 whereof reads as follows: “That so far the prayer of the petitioner is concerned, it is humbly submitted that as per direction vide CISF Circular No.11/2007/R&S dated 24/25/-09-2007. A Gazetted Officer has been detailed to visit the native place of the deceased personnel for verification and to submit a detailed report as to how the family has been able to manage financially all these years. After examining the financial position of the petitioner, the decision will be taken as per Rules regarding compassionate appointment in CISF. It is further submitted that the case of compassionate appointment of the petitioner is in process in accordance with the provision and/or rule enshrined for the purpose.” It appears from the averments made therein, particularly paragraph 14 thereof that the case of the petitioner is under active consideration of the respondents for which adequate steps have already been taken. The circumstances under which the petitioner had to seek compassionate appointment long delay and/or inordinate delay is bound to defeat the very purpose of such appointment. In that view of the matter, this Court directs that respondents shall take a final decision in the matter within three months from the date of receipt/production of a copy of this 3 order. With the aforesaid direction/observation, the application stands disposed of. hr ( Kishore K. Mandal )