IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8503 of 2010 SANTOSH MAHTO S/O LATE R.B.MAHTO EX. HC/6612, VILL-& P.O. LAKHO PACHPAN TOLA, DISTT-BEGUSARAI Versus 1. SR.SECURITY COMMISSIONER, R.P.F. S.E. RAILWAY KHARAGPUR 2. THE CHIE SECURITY COMMISSIONER, R.P.F. S.E. RAILWAY GARDEN REACH, KOLKATTA-43 3. THE DIVISIONAL PERSONAL OFFICER (I) S.E. RAILWAY KHARAGPUR For the Petitioner : Mr. Raj Kishore Prasad, Advocate. For the Railways : Mrs. Parul Ranjan, Advocate. ----------- 03. 22.06.2010. Heard learned counsel for the petitioner and the counsel for the Railways. 2. Petitioner is the son of late R.B. Mahto who died in harness on 25.2.2002 while serving as Head Constable with the South Eastern Railway, Kharagpur. Request of Gita Devi, mother of the petitioner dated 27.11.2003, Annexure-2 for appointment of the petitioner on compassionate ground has been rejected by the authorities under letter dated 1.3.2006, Annexure-6, wherefrom it is evident that his appointment on compassionate ground against Group-C post has not been considered. Request for such appointment was made on the basis of Madhyama certificate granted by the Bihar Sanskrit Siksha Board which is not recognized by the Railways for such appointment, whereafter request was made to consider the case of the petitioner for appointment on compassionate ground on Group- D post, which was also rejected under letter No.8360 dated 1.9.2006, Annexure-6/1, whereunder the authorities doubted the genuineness of the certificate produced by the petitioner. 3. It is submitted on behalf of the petitioner that once the request of mother of the petitioner for appointment of his son on Group- C post was rejected under letter dated 1.3.2006, thereafter request was - 2 - made by the petitioner for appointment on Group-D post for which no educational qualification is required and in appreciation of such fact the authorities ought not to have rejected such request for appointment on compassionate ground on Group- D post under letter dated 1.9.2006, Annexure-6/1. 4. Let the competent authority of the Railways consider and dispose of the representation of the petitioner for appointment on Group-D post dated 25.5.2009, Annexure-7 in accordance with law, as early as possible, in any case within a period of three months from the date of receipt/production of a copy of this order before the competent authority. 5. The writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha,J.)