IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6803 of 2010 NIRANJAN KUMAR S/O LATE RAJ DEO YADAV R/O VILL.- MAHARAJGANJ, P.S.- EKANGARSARAI, DISTT.- NALANDA Versus 1. THE UNION OF INDIA THROUGH THE MINISTRY OF HOME AFFAIRS, NEW DELHI 2. THE D.G., C.R.P.F. C.R.P.F. HEAD QUARTER, NEW DELHI 3. THE I.G., EASTERN SECTOR, C.R.P.F., PATNA 4. THE ADDITIONAL D.I.G., C.R.P.F. GROUP CENTRE C.R.P.F., MOKAMAGHAT, DISTT.- PATNA 5. THE COMMANDANT-123 B.N., C.R.P.F. MOKOKCHUNG, NAGALAND ----------- 02. 23.04.2010 Heard learned counsel for the petitioner and the Union of India. 2. Petitioner is the son of late Raj Deo Yadav who died in harness on 19.8.2001 while serving the 123rd Battalion, CRPF, which is evident from the condolence message dated 27.8.2001 received by the mother of the petitioner from the Commandant of the Battalion. 3. It is submitted on behalf of the petitioner that after the death of his father application for appointment on compassionate ground was submitted but the same is not being considered as it is said that he is not being found fit for being employed either as cook or washerman. Later petitioner requested the authorities for appointment as waterman and he was asked to appear for such appointment at Group Centre, Mokamaghat but petitioner requested the authorities to change the place of consideration as he wanted his case to be considered at Allahabad instead of Mokamaghat as the officers at Mokamaghat were not inclined to consider his case favourably as they had rejected his candidature for the post of cook and washerman. Such request of the petitioner was rejected under letter dated 5.6.2008, Annexure-8 asking the petitioner to appear at Group Centre, Mokamaghat. 2 4. Having heard 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 dies in harness so as to enable the family to tide over the financial crisis which has engulfed the family on account of the death of the bread earner. In the instant case, petitioner is not being considered for appointment on compassionate ground as he has not been found fit for the post for which he is to be appointed on compassionate ground. Fitness of the dependents of the deceased employee is not to be considered while granting appointment on compassionate ground. Compassionate appointment is given to enable the family of the deceased to tide over the sudden crisis which has engulfed the family after the death of the bread earner. Accordingly, I set aside the refusal of the authorities not to consider the case of the petitioner for appointment on compassionate ground contained in letter dated 5.6.2008, Annexure-8 and direct the I.G., Eastern Sector, CRPF, Patna to instruct the competent authority of the force to consider the case of the petitioner for appointment on compassionate ground on any post in accordance with law as early as possible, in any case within three months from the date of receipt/production of a copy of this order. 5. This writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)