IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20033 of 2010 PAWAN SUT MISHRA,S/0 late Shree Ram Mishra, resident of village & P.O.Sonamani, P.S. Haldi, District-Baliya (Uttar Pradesh) ………Petitioner Versus 1.THE UNION OF INDIA through Inspector General of Police, C/S CRPF, Lucknow, P.S.& District-Lucknow, Uttar Pradesh. 2.Deputy Inspector General of Police, Group Centre CRPF Allahabad, P.O.+ P.S. & District-Allahabad, Uttar Pradesh. 3.DIG,ADM C/S CRPF, Lucknow P.S. & District- Lucknow, Uttar Pradesh 4.The Inspector General of Police, Bihar Sector, Patna. 5.The DIGP,GC,CRPF, Mokamaghat P.O. and P.S. Mokamaghat, District-Patna, Bihar …………….. Respondents. ----------- For the petitioner: Mr.Bipin Bihari Singh, Advocate Mr. Shyama Kant Singh, Advocate For Union of India: Mr. Raghib Ahsan,A.S.G. -------- 2. 14.12.2010 The petitioner has come to this Court for quashing the order dated 9.9.2009, by which his claim for appointment to the post of Sipahi/G.D. on compassionate ground has been rejected. Learned counsel for the petitioner submits that if the petitioner was not fit for appointment against the said post, he could have been considered for appointment on compassionate ground against any other class-III or Class-IV post. Learned Assistant Solicitor General refers to the letter dated 14.5.2009 (Annexure-3) issued by the office of the Inspector General of Police,C/S, CRPF, Lucknow (U.P.) to the D.I.G., Group Centre, CRPF, Allahabad (U.P.), in which it - 2 - has been clearly mentioned that if the petitioner is found unfit for the post of CT(GD) his suitability should be assessed for the post of enrolled followers subject to his willingness. It appears that the petitioner ought to have approached the authority concerned showing his willingness for appointment to the said post in view of the said letter but he has not done so and has come to this Court for the relief which was already kept open for him by the said letter dated 14.5.2009. However since the petitioner has approached this Court for the present relief, it is evident that he has expressed his willingness for being appointed on the other post. The writ application is, accordingly, disposed of with a direction to the respondent authorities to consider the case of the petitioner for the other post on which compassionate appointment can be made in terms of the letter dated 14.5.2009 within a period of four months from the date of receipt/production of a copy of this order. VPS ( Ramesh Kumar Datta, J. )