IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7257 of 2010 1. YOGENDRA KUMAR SINGH CHAUHAN S/O LATE BABU SINGH R/O VILL.- RAMGARH, P.O.- NONDGWAH, P.S.- LABEDI, DISTT.- ETAWAH (UTTAR PRADESH) Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA AT NEW DELHI 2. THE SECRETARY, DEPARTMENT OF PERSONNEL AND TRAINING, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS, GOVT. OF INDIA AT NEW DELHI 3. THE DIRECTOR GENERAL, SASHARTRA SEEMA BAL, BLOCK-V (EAST), R.K.PURAM, NEW DELHI 4. THE INSPECTOR GENERAL, FRONTIER HEADQUARTERS, SSB, RUKUNPURA HOUSE, NEW BAILEY ROAD, PATNA 5. THE ASSISTANT DIRECTOR (ADMN.) FRONTIER HEADQUARTER, SSB, RUKUNPURA HOUSE, NEW BAILEY ROAD, PATNA 6. THE COMMANDANT, 12TH BATTALION SSB, VALMIKI NAGAR, DISTT.- WEST CHAMPARAN 7. THE DEPUTY COMMANDANT, 12TH BATTALION SSB, VALMIKI NAGAR, DISTT.- WEST CHAMPARAN 8. THE STAFF OFFICER (ADMN.), SECTOR HEADQUARTER, SSB, NEAR MODERN AGRO AGENCIES BUILDING, CHAKKAR MAIDAN, MUZAFFARPUR ----------- For the Petitioner :Mr. Ram Suresh Rai, Sr. Advocate For the Union of India :Mr. Satyendra Kumar Jha, Advocate, CGC 02/ 27.04.2010 Heard learned counsel for the petitioner and the Union of India, who is praying for time to file counter affidavit, but such prayer is being refused in view of the fact that the facts of the case are very much evident from the order passed by the Respondents themselves, which is annexed with the writ application, in the circumstances, counter affidavit is not required to be filed. 2. Petitioner is aggrieved by the order of the Assistant Director (Administration) Frontier Headquarter SSB, Patna dated 4.12.2009, Annexure-1, whereunder his request for appointment on compassionate ground in lieu of the death of his 2 brother, who served the SSB 12th Bn., Valmikinagar, Bihar and died on 7.7.2008, has been rejected on the ground that he being born on 15.6.1982 has become overage and is not fit for appointment on the post of Cook, Barber, Tailor, Washerman, Safaiwala. 3. It is submitted on behalf of the petitioner that his brother Pramod Singh, Constable (General Duty) died on 7.7.2008 whereafter on 27.7.2008 mother of the petitioner made an application for compassionate appointment before the Commandant, which is contained in Annexure-4 requesting the Commandant to consider the case of the petitioner for appointment on compassionate ground. On the date of death of his brother/ application petitioner was within the permissible age limit for appointment on the post of Cook, Barber, Tailor, Washerman, Safaiwala as by that date he had not attained 27 years, which is the outer age limit for such appointment, his case should have been considered for appointment on compassionate ground on the post of Cook, Barber, Tailor, Washerman, Safaiwala. 4. Counsel for the Union of India is not disputing the fact that the date of birth of the petitioner is 15.6.1982. He is also not disputing the fact that brother of the petitioner died on 7.7.2008 and the application for appointment on compassionate ground was filed on 27.7.2008. 5. The authorities have taken their own time to 3 consider the request of the mother of the petitioner for appointment of petitioner on compassionate ground. Meanwhile, petitioner crossed 27 years of age for which petitioner or his mother cannot be blamed. 6. In the circumstances, I set aside the order dted 4.12.2009, Annexure-1, passed by the Assistant Director(Admn.) Frontier Headquarter, SSB, Patna and direct the Assistant Director (Admn.) to appoint petitioner either on the post of Cook, Barber, Tailor, Washerman, Safaiwala in the Force by applying Clause 6 B of the Scheme for Compassionate Appointment, 1998, which inter alia, provides for relaxation of upper age limit wherever necessary. 6. The writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)