IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18691 of 2009 1. PANKAJ KUMAR YADAV S/O LATE DHRUB NARAYAN YADAV R/O VILL- CHHOTIOLAPUR, P.S. KAHALGAWN IN THE DISTRICT OF BHAGALPUR Versus 1. THE UNION OF INDIA THROUGH ITS SECRETARY HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI 2. THE DIRECTOR GENERAL C.I.S.F., NEW DELHI 3. THE INSPECTOR GENERAL OF C.I.S.F. NEW DELHI 4. THE DEPUTY INSPECTOR GENERAL EASTERN ZONE, PATNA, BIHAR 5. THE CHAIRMAN BOARD OF APPOINTMENT, EASTERN ZONE, HEADQUARTER, PATNA 6. THE ASSISTANT COMMANDANT C.I.S.F., KAHALGAWN UNIT, BHAGALPUR, BIHAR ----------- 4. 09.02.2010. Heard learned counsel for the petitioner and the Union of India. 2. Petitioner is the son of Dhrub Narayan Yadav who served in the Central Industrial Security Force (hereinafter referred to as (“C.I.S.F.”) as Constable. He has filed this writ application for a direction to the respondent authorities to consider his case for compassionate appointment in the C.I.S.F., as his father while serving on the post of Head Constable (G.D.) died on 14.11.2006 which is evident from death certificate, Annexure-1. The case of the petitioner for appointment on compassionate ground was refused by the C.I.S.F. on two occasions i.e. 27.11.2007 and 6.5.2009 which is evident from rejection slip contained in Annexures 3 and 5. Perusal of the two rejection slips indicate that petitioner was not allowed compassionate appointment on the post of Sweeper as he failed to clean the toilets to the satisfaction of the authorities. 3. Learned counsel for the C.I.S.F. further submitted on the basis of instructions received from the authorities that petitioner is not qualified for any other post in the C.I.S.F. and Group-D post having been abolished he can only be accommodated on the post of Sweeper but as he failed in cleaning the toilets on two occasions he could not be given compassionate appointment in the force. - 2 - 4. Having heard learned counsel for the petitioner and the Union of India, I am of the view that compassionate appointment is allowed to one of the dependents of the member of the force who died in harness to tide over the financial crisis which has engulfed the family on account of the death of the bread earner. In the circumstances, the authorities of the C.I.S.F. should consider the case of the petitioner for appointment on compassionate ground either on the post of Sweeper or any other post in the C.I.S.F. In this connection, I may usefully refer to the judgment of the Hon’ble Supreme Court in the case of Smt. Sushma Gosain and others Vs. Union of India and others, reported in A.I.R. 1989 Supreme Court 1976, paragraphs 8 and 9, which is quoted hereinbelow for ready reference : “8. We heard counsel on both sides and gave our anxious consideration to the problem presented. It seems to us that the High Court has made the order in a mechanical way and if we may say so, the order lacks the sense of justice. Sushma Gosain made an application for appointment as Lower Division Clerk as far back in November 1982. She had then a right to have her case considered for appointment on compassionate ground under the aforesaid Government Memorandum. In 1983, she passed the trade test and the interview conducted by the DGBR. There is absolutely no reason to make her to wait till 1985 when the ban on appointment of ladies was imposed. The denial of appointment is patently arbitrary and cannot be supported in any view of the matter. 9. We consider that it must be stated unequivocally that in all claims for appointment on compassionate grounds, there should not be any delay in appointment. The purpose of providing appointment on compassionate ground is to mitigate the hardship due to death of the bread earner in the family. Such appointment should therefore, be provided immediately to redeem the family in distress. It is improper to keep such case pending - 3 - for years. If there is no suitable post for appointment supernumerary post should be created to accommodate the applicant.” 5. In the light of the aforesaid observation and direction of the Hon’ble Supreme Court I direct the respondents to consider the case of the petitioner for appointment on the post of Sweeper or any other post and if such post is not available then by creating such post as was directed by the Hon’ble Supreme Court in the case of Smt. Sushma Gosain (Supra) as early as possible in any case within one month from the date of receipt of this order. 6. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)