IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7905 of 2010 SANJEEV KUMAR ROY, S/O LATE RAM BINOD ROY, R/O VILLAGE - BARIAR CHOWK, P.S.- NAYA GAON, DISTRICT- CHAPRA (SARAN) Versus 1. THE UNION OF INDIA THROUGH DIRECTOR GENERAL, CENTRAL RESERVE POLICE FORCE, R.K. PURAM, NEW DELHI. 2. INSPECTOR GENERAL, CENTRAL RESERVE POLICE FORCE, SALT LAKE, CALCUTTA 3. THE DEPUTY INSPECTOR GENERAL, CENTRAL RESERVE POLICE FORCE, SILIGURI, WEST BENGAL 4. THE COMMANDANT, CENTRAL RESERVE POLICE FORCE, 170 BALLALIAN BIJAPUR, CHATTSGARH, ----------- 02. 18.05.2010 Heard learned counsel for the petitioner and the counsel for the Union of India. 2. Petitioner is the son of late Ram Binod Roy, Head Constable(GD) who died on 14.4.2005 while serving the CRPF. His request for compassionate appointment was earlier considered by this Court under order dated 27.10.2009 passed in C.W.J.C. No.13661 of 2009, Annexure-2 with direction to the authorities to consider the case of the petitioner for grant of compassionate appointment. In the light of the earlier orders of this Court the authorities have passed order dated 18.1.2010, Annexure-1 observing that the case of the petitioner for appointment on compassionate ground shall be considered as and when recruitment rules are framed. Appointment on compassionate ground is made to tide over the financial crises which has engulfed the family members on account of the death of the bread earner. In this connection, observation of the Hon’ble Supreme Court in the case of Sushma Gosain and others Versus Union of India and others is extracted hereinbelow:- 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 - 2 - 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.” 3. In the light 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 compassionate ground on any 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 before the authorities and order dated 18.1.2010, Annexure-1 is quashed. 4. This writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)