IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8428 of 2010 CHANDRAWATI DEVI, WIFE OF LATE MADHESHWAR SHARMA, RESIDENT OF VILLAGE- BERAL, POLICE STATION- BIHATA, DISTRICT- PATNA . Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF DEFENCE, GOVT. OF INDIA, NEW DELHI. 2. THE SECRETARY, MINISTRY OF HOME, GOVT. OF INDIA, NEW DELHI. 3. THE SECRETARY, MINISTRY OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVT. OF INDIA, NEW DELHI. 4. THE DIRECTOR GENERAL OF POLICE, CENTRAL INDUSTRIAL SECURITY FORCE, LODHI ROAD, NEW DELHI. 5. THE INSPECTOR GENERAL OF POLICE, CENTRAL INDUSTRIAL SECURITY FORCE, NORTH EAST ZONE, KOLKATA. 6. THE DEPUTY INSPECTOR GENERAL OF POLICE, CENTRAL INDUSTRIAL SECURITY FORCE, NORTH EAST REGION HEADQUARTER, KOLKATA. 7. THE COMMANDANT, CENTRAL INDUSTRIAL SECURITY FORCE, B.V.F.C.L. NAMRUP, DISTRICT- DIBRUGARH, (ASSAM). 8. THE DEPUTY COMMANDANT, CENTRAL INDUSTRIAL SECURITY FORCE, B.V.F.C.L., NAMRUP, DISTRICT DIBRUGARH (ASSAM) ----------- 2. 21.06.2010. Sri S.K.Sharma, learned counsel appearing for the Central Industrial Security Force (hereinafter referred to as “C.I.S.F.”) authorities states that having received the copy of the brief on 26.03.2010 he had written to the authorities for instruction under letter dated 25.5.2010 but the same has not yet been received and he requires further two weeks’ time for filing counter affidavit. I am not inclined to grant such time in view of the fact that even after receipt of the copy of this brief on 26.03.2010 and dispatch of the letter on 25.5.2010 the authorities have not chosen to respond to the letter of the learned counsel. 2. Heard learned counsel for the parties. 3. Petitioner is the wife of late Madheshwar Sharma who served as a Constable in the C.I.S.F. and died while in harness serving in the B.V.F.C.L., Namrup on 2.11.2007. Soon thereafter request for compassionate appointment was made to the authorities which was - 2 - rejected under letter dated 27.2.2008, Annexure-4 on the ground that educational qualification of Madhyama acquired by the petitioner from the Bihar Sanskrit Shiksha Board (hereinafter referred to as the “Board”) does not make her eligible for appointment on compassionate ground in the force. Again petitioner represented before the authorities whereafter under letter dated 23.2.2009, Annexure-6 the Deputy Commandant informed the petitioner that the case of her daughter for compassionate appointment shall be considered as and when she becomes eligible for appointment in the force. Petitioner, however, has again requested before the authorities for her appointment on compassionate ground stating that educational qualification obtained from the Board is taken as relevant for appointment in the C.R.P.F. and Air Force. Such documents are dated 7th March, 2008, Annexure-7 and 27.09.2007, Annexure-8 and Government of Bihar Letter No. 98 dated 17.2.2006, Annexure-9, whereunder it is stated that Madhyama certificate obtained from the Board is equivalent to matriculation. 4. Let the Director General of Police, C.I.S.F., Respondent No. 4 consider the request of the petitioner for appointment on compassionate ground in the light of the orders of the authorities of the Air Force and C.R.P.F. contained in Annexures 7 and 8 as also the instructions of the State of Bihar contained in Letter No. 98 dated 17.2.2006, Annexure-9 in accordance with law as early as possible in any case within a reasonable time not exceeding three months from the date of receipt of this order. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.) - 3 -