1 2025:CGHC:2646 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 363 of 2025 • Bhanu Vishwakarma S/o Late Shri Santosh Kumar Aged About 30 Years R/o Village- Chhachhanpairi, P.S. Mujgahan, Tehsil- Abhanpur, District- Raipur, Chhattisgarh Pin- 493661. ... Petitioner(s) versus 1. Union Of India Through Secretary, Ministry Of Home Affairs, Government Of India, North Block, New Delhi, Pin- 110001. 2. Inspector General Central Industrial Security Forces, (Home Ministry), Central Sector Hq Bhilai Campus, Post- Utai, District- Durg, Chhattisgarh- 491107. 3. Deputy Inspector General Of Police Cisf Unit Bhilai Steel Plant, Bhilai, District- Durg, Chhattisgarh- 490001. 4. Assistant Commandant, Cisf Unit Bhilai Steel Plant, Bhilai, District- Durg, Chhattisgarh- 490001 ... Respondent(s) Digitally signed by RAGHVENDRA JAT 2 For Petitioner(s) : Mr. Anmol Sharma, Advocate. For Respondent(s)/UOI : Ms. Annpurna Tiwari, Sr. CGC along with Mr. Rishab Dev Singh, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 16/01/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1. The Hon'ble Court may kindly be pleased to call for the entire record pertaining to the case of the petitioner. 10.2. The Hon'ble Court may kindly be pleased to quash the impugned orders dated 20/06/2024 & 22.06.2024 (Annexure P-1) whereby the application of the petitioner for granting one more opportunity for participating in recruitment for compassionate appointment was rejected. 10.3. The Hon'ble Court may kindly be pleased to direct the respondent authorities to provide compassionate appointment to the petitioner forthwith as the petitioner has the responsibility to take care of her old-aged ailing mother along with his unmarried sister who were totally dependent upon the late 3 husband of the petitioner having no other source of income. 10.4. That the Hon'ble Court may kindly be please to direct the respondent authorities to provide one opportunity to participate in the recruitment process for compassionate appointment in the event the petitioner files an application before the concerned authority for granting one opportunity as per Clause 13 Sub Clause (iv) of the Compassionate appointment policy of the respondent authorities. 10.5. That the Hon'ble Court may Kindly be please to direct the respondent authorities to grant petitioner compassionate appointment in GROUP 'D' Posts instead of GROUP 'C' Posts as per the compassionate appointment policy. 10.6. That the Hon'ble Court may kindly be please to grant suitable compensation along with the interest to the petitioner for the difficulties, agony and loss suffered by the petitioner and his family due to the unnecessary delay in allowing his compassionate appointment since his father died on 18.03.2019 and he is running from pillar to post till date and has been suffering the acute financial strain in maintaining his 4 family despite being the son of a martyr who died in course of discharging his official duty. 10.7. Any other relief, which this Hon'ble Court may deems fit and proper may also be awarded to the petitioner including the cost of the petition.” 2. Brief facts of the case, is that, the petitioner is a permanent resident of Village Chhachhanpairi, P.S. Mujgahan, District- Raipur, Chhattisgarh and is a B.C.A graduate further have completed his post graduate in M.C.A from the concerned university. It is pertinent to mention that the petitioner belongs to Lohar Caste which come under the Other Back Ward Class category. The petitioner’s father namely Late Shri Santosh Kumar was an employee of the Central Industrial Security Forces and was lastly posted in the Rank of HC/GD posting at CISF UNIT Bhilai Steel Plant, Sector 1, Bhilai, Chhattisgarh. The father of the petitioner during the course of employment died in harness on 18.03.2019. At this juncture, the petitioner was completely dependent on his father since childhood and the deceased left behind family consisting of three members including mother, petitioner and sister. The family after the death of Santosh Kumar are living in hand to mouth condition and are in acute financial crunch and they are somehow managing there day to day affairs by taking unsecured loans from the relatives. The sister of the 5 petitioner was having no objection if her brother was granted compassionate appointment by the respondent authorities, therefore, it was decided by the family members that the petitioner would participate for the compassionate appointment. The petitioner till date is unemployed and is not having any source of livelihood. It is pertinent to mention that after the death of petitioner's father, the petitioner made an application for grant of compassionate appointment before the respondent authorities along with all the relevant documents in prescribed format in the year 2019. Thereafter, the respondent authorities intimated the petitioner about the various post that are to be filled by compassionate appointment. In the year 2020 the deadly pandemic COVID19 hit the entire country and therefore during this period no recruitment was conducted by the respondent authorities on compassionate grounds. That suddenly in the year 2021 call letter was given to the petitioner for recruitment on compassionate grounds on the post of Constable/GD in CISF, in which the petitioner was directed to appear on 06.09.2021. The petitioner participated in the process in which the petitioner was declared unsuccessful as he failed in the physical. Further the petitioner made the second attempt on 10.06.2002 for the post of CT/GD & CT/Fire in which also the petitioner appeared and declared failed in Physical Test. Thereafter, petitioner made third 6 attempt on 20.12.2022 for recruitment on the post of Head Constable/ Clk and the petitioner participated in which he was declared failed in the typing test. Ultimately the petitioner made his final fourth attempt Constable/ Trademan (Cook, sweeper, washer, Salon workmen) in which also the petitioner failed in the physical test. The petitioner most humbly and respectfully submits that neither the petitioner nor his family members were given proper guidance and/or counseling by the concerned unit commander as to what would be minimum educational requirement or what additional specialized courses is required for any specific posts was not told by the unit commander nor assisted by any personal. The petitioner got all the information that their performance was assessed on points system and every specialized educational qualification or course will give them some more point which help them in their selection. For example, if candidate has applied for the post of Constable/ Trademan (Cook) then if the said candidate has undergone any course in hospitality (Hotel management), then they would be given more points that any other candidate and these things were never told by the concerned unit commanders all these information was given to the petitioner in ongoing process. The compassionate appointment policy the respondent authority ought to have given petitioner compassionate appointment in GROUP 'D' post if he 7 was unsuccessful in GROUP 'C' post as for the posts available in GROUP 'D' the eligibility criteria are relaxed and the candidate did not have to undergo physical, typing and other tests as prescribed for GROUP 'C' Posts but same has not been informed by the respondent authorities. It is pertinent to mention that the counselling has to be duly conducted by the respondent authorities and it is their duty as per their own compassionate appointment policy mentioned in Clause (6) Sub-Clause (V) of the policy. The petitioner most humbly and respectfully submits that as per the compassionate appointment policy firstly the petitioner was not provided proper assistance by the respondent authorities/ unit commanders. Secondly as per Clause (13) Sub- clause (IV) it is stated that if an applicant has exhausted all prescribed chances and if he/she makes representation, under exceptional circumstances, one more chance may be given as a special case, over and above prescribed chances, subject to the satisfaction and approval of DG, CISF. The mother of the petitioner wrote a letter to the respondent authorities stating all the hardship her family is facing and also the point that no proper guidance has been to the petitioner at the time of appointment and therefore she requested the respondent authorities to at least grant her son one more opportunity to participate in the recruitment process on compassionate grounds, the said letter 8 was sent through post and through e-mail to the respondent authorities. That despite being the above position where the petitioner was not given proper counselling from the concerned unit commanders and was not duly explained the eligibility requirement and criteria the petitioner and his family is facing undue hardship after the death of their sole bread earning member. Despite their being specific clause in the compassionate appointment policy, then also the respondent authorities have rejected the application of the petitioner citing reasons that the petitioner has exhausted all his chances as per the compassionate appointment policy. The action on the part of respondent authorities in not granting the petitioner one more opportunity is arbitrary, illegal and they themselves are not following their own policy which its self proves the fact that a fate, future of candidate and family of deceased employee would depend upon the whims and fancies of the respondent authorities which is not the basic object of the compassionate appointment it has been made to give immediate relief to the family of the deceased employee and not to exploit and harms them as per authorities wish. The respondent authorities are duty bound to follow their own policy and cannot shy away from their responsibility by issuing the impugned order. 3. Learned counsel for the petitioner submits that he is seeking a 9 direction to the respondents to give one more chance to the petitioner to avail to file an application compassionate appointment in CISF. Learned counsel for the petitioner draw my attention to the Clause 13 (iv) of this instruction according to which in exceptional cases one more chance can be given. 4. Learned counsel for the respondent/UOI has no objection regarding the same. 5. I have heard learned counsel for the parties and have perused the record with great care and caution. 6. According to circular dated 27.05.2022 in respect of recruitment on compassionate ground as per para 13 number of chances for compassionate appointment are given which reads as under:- (i) Following chances are prescribed for a candidates appearing in the compassionate appointment recruitment - Category Total Chances General 03 SC/ST/OBC 04 [Para 4 of Circular No. 21/2005] (ii) If candidate does not report for the recruitment test and submit a valid reason for absence, it should not be treated as an availed chance. [Para 2/a of Circular No. 05/2008] iii) If the dependent after availing one or two chances submits a request in writing to consider another dependent, his/her 10 request may be considered subject to the condition that the widow/NOK of deceased Govt servant has requested to do so and such dependent fulfils the eligibility criteria for appointment on compassionate grounds for applying the post. In these circumstances another dependent can avail the remaining chance, according to his/her category. [Para 2 (c) of Circular No. 05/2008]. iv)However, if an applicant has exhausted all prescribed chances and if he/she makes representation, under exceptional circumstances, one more chance may be given as a special case, over and above the prescribed chances, subject to the satisfaction and approval of DG, CISF. [Para 2/ii of Circular No. 09/2018] 7. On the basis of aforesaid circular and especially considering sub para 4 of para 13, the instant petition stands disposed of with a direction to the respondents to give one more chance to the petitioner to file an application for compassionate appointment and the respondents are directed to consider the same in accordance with law. 8. With this observation and direction, the instant petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat