IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5197 of 2010 1. RASHMI KUMARI WIDOW OF LATE B.K.DAS HAVALDAR (ARMY) NO. 6925112-M, AT PRESENT R/O - C/O SRI SANTOSH KUMAR DAS, MOHALLA- UMA CHARAN BOSE LANE, JOGSAR, P.O.- BHAGALPUR CITY, P.S.- ADAMPUR, IN THE TOWN AND DISTRICT OF BHAGALPUR (BIHAR), PERMANENT R/O VILL./MOHALLA- PAHAR TOLA DALHATTA, P.O.- MUNGER, P.S.- KOTWALI (MUNGER), DISTT.- MUNGER (BIHAR) Versus 1. THE UNION OF INDIA, THROUGH THE SECRETARY MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI 2. THE CHIEF OF THE ARMY STAFF, ARMY HEAD QUARTERS, SENA BHAWAN, NEW DELHI 3. THE DIRECTORATE GENERAL OF ORDNANCE SERVICES, MASTER GENERAL OF ORDNANCE BRANCH, INTEGRATED HQ OF MOD (ARMY), NEW DELHI- 110001 4. THE DEPUTY DIRECTOR, OS (PERS), THE OFFICE OF THE DIRECTORATE GENERAL OF ORDNANCE SERVICES, MASTER GENERAL OF ORDNANCE BRANCH, INTEGRATED HQ OF MOD (ARMY), NEW DELHI- 110001 5. THE RECORD OFFICER, ARMY ORDINANCE CORPS RECORD OFFICE, TRIMULGHERRY, P.O.- SECUNDERABAD- 15 (A.P.) 6. THE CHIEF RECORDS OFFICER, ARMY ORDINANCE CORPS RECORD OFFICE, PIN- 900453, C/O 56, A.P.O. ----------- 3. 02.04.2010. Heard learned counsel for the petitioner and the Union of India. 2. Petitioner is the widow of late Havildar B.K.Das who died in harness on 06.01.2004. Petitioner filed an application for appointment on compassionate ground but the same could not be considered inspite of appropriate directions having been issued by the Delhi High Court as there was no vacancy either in Group-C or D category of post. Such fact is evident from the letter dated 30th April, 2009 issued by the Deputy Director contained in Annexure-8 to this application. The purpose of compassionate appointment is to enable the family of the deceased employee to tide over the immediate crisis which has resulted on account of death of the bread winner. In the circumstances, in compliance of the orders of the Delhi High Court the authorities ought to have created a suitable post for appointment of the petitioner on compassionate ground. 3. 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 - 2 - 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 for years. If there is no suitable post for appointment supernumerary post should be created to accommodate the applicant.” 4. In view 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 a suitable 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/production of a copy of this order. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)