IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.711 of 2009 Shiv Chandra Thakur Son of Late Ratneshwar Thakur, Resident of Village-Dhanduah, P.S.-Jandaha, District-Vaishali. …..Petitioner…Appellant. Versus 1. The Union of India through the Ministry of Home Affairs, North Block, New Delhi-11. 2. The Director General, Central Industrial Security Force (C.I.S.F.), C.G.O. Complex, Lodhi Road, New Delho. 3. The Inspector General, C.I.S.F. (E.S.), H.Qrs. Patliputra Colony, Boring Road, Patna. 4. The Assistant Inspector General (Recruitment), C.I.S.F. Head Quarters, New Delhi. 5. The Deputy Inspector General, C.I.S.F., B.C.C.L. Unit, P.O. Koyala Nagar, Dhanbad (Jharkhand). 6. The Commandant, C.I.S.F., Unit, Dhanbad. ……Respondents…..Respondents. ----------- 02. 16.07.2009 Heard learned counsel for the appellant and learned counsel for the Union of India. The claim of the appellant/writ-petitioner could not be accepted by the authorities of Central Industrial Security Force (CISF) because for the purpose of compassionate appointment, no appropriate post was available within the permissible time limit of three years from the date of death of the concerned employee. On that account alone compassionate appointment could not be offered to the appellant and considering the limitation of the authorities on account of a policy decision in the matter, the writ court refused to interfere. - 2 - We have been taken through a letter dated 19.01.2009 issued by CISF and addressed to the appellant informing him that on account of compassion there is chance of appellant being considered for appointment in Indo Tibetan Border Police Force on account of a policy decision. That letter has been annexed as Annexure-1 to the memorandum of this appeal. The anxiety of the appellant is that his candidature pursuant to his application in terms of Annexure-1 may be adversely affected by dismissal of the writ-petitioner. To take care of this anxiety we clarify that dismissal of the writ petition shall not affect the candidature of the appellant in response to Annexure-1 in any manner. If any policy decision of the Union of India permits consideration of appellant’s claim for compassionate appointment then his candidature may be considered in accordance with such policy decision. The appeal is disposed of. Vikash/- (Shiva Kirti Singh, J.) (Anjana Prakash, J.)