IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16862 of 2009 SMT.MADINA BEGUM W/O LATE SUB INSPECTOR AJMIN ANSARI, MOTHER OF 061560075 B/B VAKIL ANSARI R/O VILL BAGHINI, P.O. HARINATHPUR, P.S.MOHANIA, DISTT- KAIMUR(BIHAR) Versus 1. THE UNION OF INDIA THROUGH D.G.,C.R.P.F. CGO COMPLEX, BLOCK NO.1, LODHI ROAD, NEW DELHI-110003 2. D.I.G.(RECRUITMENT),C.R.P.F., BLOCK NO.1, C.G.O. COMPLEX LODHI ROAD, NEW DELHI-110003 3. A.D.I.G.GROUP CENTRE C.R.P.F., KHATKHATI, ASSAM For the Petitioner : M/s Rajesh Kumar, Vinod Kr.Seth, Advocates. For the Union : Mr. Rashid Izhar, Advocate ----------- 03. 01.02.2010 Learned counsel for the Union of India representing the CRPF has produced before this Court the copy of the office order dated 7.1.2010, whereunder request of the petitioner to change the trade of her son, who was appointed on compassionate ground on the post of barber has been rejected on the ground that her son was appointed on compassionate ground on the post of barber and the circular operating the field does not permit any change of trade. In this connection, reference is made to the circular letter of the Director General, CRPF dated 6.6.2001, relevant portion whereof is quoted hereinbelow:- VII. REQUEST FOR CHANGE IN POST/PERSON “When a person has been appointed on compassionate grounds to a particular post, the set of circumstances, which led to such appointment, should be deemed to have been ceased to exist. Therefore:- a) He/She should strive in his/her career like his/her colleagues for future advancement and any request for appointment to any higher post on considerations of compassion should invariably be rejected. b) An appointment made on compassionate grounds cannot be transferred to any other person and any request for the same on consideration of compassion should invariably be rejected.” - 2 - It is evident from the aforesaid paragraph -VII of the circular that the request of a compassionate appointee for future advancement on any higher post in consideration of compassion should invariably be rejected. In the instant case, son of the petitioner was appointed as barber and petitioner has requested the authorities to change the trade of her son from barber to peon, both the post is in the same scale, as such, in my opinion, the refusal to change the post is not covered by the contents of the circular. Accordingly, I set aside the order of the I.G., personnel dated 7.1.2010 and direct reconsideration of the matter in the light of the provisions contained in sub-Clause(a) of Clause-VII of the circular dated 6.6.2001 as early as possible, in any case within one month from the date of receipt/production of a copy of this order. With the aforesaid direction this writ application is disposed of. Rajesh/ (V.N.Sinha, J.)