IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17060 of 2009 1. SUSHILA W/O EX. G.S.NO. 158588, MTD LATE CHANDRAMA PRASAD R/O VILL.- NARAINA, P.O.- CHANDRA KAITHI, P.S.- CHENARI, DISTT.- ROHTAS 2. RAJESH PRASAD S/O EX. G.S. NO. 158588, MTD LATE CHANDRAMA PRASAD R/O VILL.- NARAINA, P.O.- CHANDRA KAITHI, P.S.- CHENARI, DISTT.- ROHTAS Versus 1. THE UNION OF INDIA THROUGH SECRETARY BOARDER ROADS ORGANIZATION, SENA BHAWAN, NEW DELHI 2. THE DIRECTOR GENERAL, BORDER ROAD ORGANISATION, SENA BHAWAN, RING ROAD, DELHI CANTONMENT, NEW DELHI 3. THE GENERAL RESERVE ENGINEER FORCE,DIGHI CAMP, PUNE-15 ----------- 5. 12.1.2010. Heard learned counsel for the petitioners and the Union of India. Petitioners are the widow and son of Late Chandrama Prasad, who served General Reserve Engineering Force and was superannuated on medical ground with effect from 3.9.1998 and subsequently died on 14.2.1999. Petitioner no.1 after the death of her husband requested the authorities of the Engineering Force to consider the case of her son, petitioner no.2 for appointment on compassionate ground. Such request was directed to be made by the authorities of the Engineering Force when petitioner no.2 attains majority, thereafter request was made and such request has been rejected under the impugned order dated 12th October,2007 (Annexure-11) with reference to the - 2 - instruction contained in circular letter dated 9th October,1998 and 3rd December,1999. It is submitted on behalf of the petitioners that rejection of the case of the petitioner no.2 for compassionate appointment with reference to the circular letter dated 9th October,1998 and 3rd December,1999 is arbitrary and mis-conceived as earlier the Committee of officers of the force taking into account the financial status of the family had given them 80 points and those who have secured more than 45 points are to be appointed on compassionate ground in the light of the instructions contained in circular dated 9th March,2001. It is further submitted that the case of the petitioners should have been considered in the light of the circular letter of the Government which was holding the field on 3.9.1998/14.2.1999, the date of retirement on medical ground/death of the husband/father of the petitioner nos.1, 2 respectively. I see substance in the submission of the counsel for the petitioners and, accordingly, set aside the order dated 12th - 3 - N.H./ October,2007 (Annexure-11) with direction to the Colonel Commandant to consider the case of the petitioner no.2 for appointment on compassionate ground as the authorities themselves had asked his mother to apply for compassionate appointment after he attains majority as early as possible in any case within two months from the date of receipt/production of a copy of this order in the light of the instructions of the Government of India contained in the relevant circular which was holding the field on 3.9.1998/14.2.1999. This writ application is, accordingly, disposed of. ( V.N. Sinha,J.)