IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9088 of 2006 Kanhaiya Ram, son of Late Jang Bahadur Ram, resident of village- Dev, Post Office- Dev, P.S. Sikrahta, District-Bhojpur (Arah) ………………. Petitioner Versus 1. The Union of India through the Director General of Police, Central Industrial Security Force, New Delhi 2. The Inspector General of Police, Central Industrial Security Force, New Delhi 3. The Deputy Inspector General of Police, Central Industrial Security Force, Bihar, Patna 4. The Additional Deputy Inspector of Police, Central Industrial Security Force, Patna ………………. Respondents. ----------- For the petitioner: Mr. Sambhu Prasad, Advocate For Union of India: Mr. Sarv Deo Singh, Advocate ---------- 2. 26.03.2009 Heard learned counsels for the parties. The petitioner seeks appointment on compassionate ground in the Central Industrial Security Force upon the death of his father on 18.8.2001, who was serving as a Constable in the said Organization. In the counter affidavit the stand taken is that the petitioner did not qualify in the fitness test when he was given an opportunity to appear in the same on the first occasion. On the second occasion he was permitted to appear on 30.8.2003 for a fitness test and he did appear and was found to be fit but since there was no vacancy for appointment on compassionate ground in the category of Follower (Group-D), hence he could not be appointed. Subsequently, it is claimed that on two further occasions the petitioner was directed to appear for physical efficiency test and eligibility test on 9.11.2004 and 18.4.2006 and in both the tests he did not appear. The said facts have not been denied by filing any reply to the counter affidavit. Learned - 2 - counsel for the respondents submits that no further opportunity can be granted to the petitioner in view of the prevailing guidelines regarding compassionate appointment. In the aforesaid facts and circumstances, the writ application is dismissed. S.Pandey (Ramesh Kumar Datta, J.)