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Patna High Court

Aman KumarversusThe Union of India

Decided
Disposal
DISMISSED

Holding

The court held that the petitioner is not eligible for compassionate appointment and that the order rejecting his application is lawful.

Summary

The petitioner, Aman Kumar, sought a compassionate appointment in the Navy after his father, a sailor, was discharged in 1994 due to chronic schizophrenia. He filed a writ petition in 2022 requesting the court to direct the Ministry of Defence to consider his application, which had been rejected in 2018. The respondents argued that the petitioner was only three years old at the time of his father's discharge and that the purpose of compassionate appointments is to relieve immediate economic distress of the family, which was not applicable. The court examined the eligibility criteria of the compassionate appointment scheme and the delay in filing the writ. Finding no illegality in the 2018 order and noting that the petitioner’s claim did not meet the scheme’s purpose, the court dismissed the writ application.

Issues considered

  • Whether the petitioner is eligible for a compassionate appointment under the scheme given his age at the time of his father's discharge
  • Whether the order rejecting the petitioner's application is illegal or violative of any statutory provision
  • Maintainability of the writ petition filed after a considerable delay

Subjects

  • compassionate appointment
  • writ of mandamus
  • Ministry of Defence
  • economic distress
  • eligibility criteria
  • delay in filing
  • civil writ jurisdiction

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.179 of 2022
     ======================================================
     Aman Kumar S/o Prakash Kumar Srivastava, Resident of Village-Pakri
     Ismail, Post-Ladaura Pakri, District-Muzaffarpur, Pin-843113.

                                                              ... ... Petitioner/s
                                     Versus
1.   The Union of India through the Secretary, Ministry of Defence (Navy), C-
     Wing, Sena Bhawan, New Delhi-110011.
2.   The Director, Integrated Headquarters, Ministry of Defence (Navy), Sena
     Bhawan, New Delhi-110011.
3.   The Commander, Bureau of Sailors, Cheetah Camp, Mankhurd, Mumbai-
     400088.
4.   The Flag officer Commanding-in-Chief, Headquarters, Eastern Naval
     Command, Naval Base, Visakhapatnam-530014.
5.   The Commander JDESA (VSF), Directorate of Ex-Serviceman Affairs,
     Integrated Headquarters, Ministry of Defence (N), 6th Floor, Chanakya
     Bhawan, Chanakyapuri, New Delhi-110021.
6.   The Under Secretary, Ministry of Personnel, Public Grievances and Pensions
     (Department of Personnel and Training), Govt. of India, North Block, New
     Delhi-110021.
7.   The Vice Admiral HCS, Controller of Personnel Services, Room No. 241,
     Integrated Headquarter, Ministry of Defence (Navy), C-Wing, Sena Bhawan,
     New Delhi-110011.
8.   Senior Administrator Officer, Command Civilian Personnel Officer, For Flag
     Officer, Commanding-in-Chief, Headquarters, Eastern Naval Command,
     Naval Base, Visakhapatnam.
9.   The Secretary, the Zila Sainik Kalyan Karyalaya, Muzaffarpur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Kaushalesh Choudhary, Advocate
     For the UOI            :      Mr. Awadhesh Kumar Pandey, Sr. CGC
                                   Mr. R.K. Sharma, CGC
                                   Mr. Lokesh, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
     ORAL JUDGMENT

     Date : 06-04-2026

                       Heard learned counsel for the petitioner and learned

      counsel for the respondents.
Patna High Court CWJC No.179 of 2022 dt.06-04-2026
                                           2/6




                         2. The petitioner has filed the instant application for

         the following reliefs:

                                                        “1. i. For issuance of
                                         appropriate           writ(s)/           Rule(s)/
                                         Direction(s)     in      the      nature        of
                                         mandamus,           commanding                 the
                                         concerned           respondents,               for
                                         consideration of the petitioner's case
                                         for his appointment on compassionate
                                         ground, as his father Sri Prakash
                                         Kumar       Srivastava,          Ex.      CK(S)i
                                         151473-H has been discharged from
                                         the Naval service on 06th April, 1994,
                                         after declaring him physically unfit
                                         for the job, due to suffering from the
                                         disease chronic Schizophrenia.
                                                        ii. For issuance of the
                                         direction      to        the           concerned
                                         respondents         to     consider            the
                                         petitioner's claim for compassionate
                                         ground appointment as per Letter No.
                                         DX/VSF/96/2/14           dated          08th    of
                                         January,      2015,      issued         by     the
                                         Commander,          JDESA        (VSF),        the
                                         Directorate of Ex-Serviceman Affairs,
                                         Integrated Headquarters (MOD N) 6th
                                         Floor,         Chanakya                 Bhawan,
                                         Chanakyapuri, New Delhi- 110021,
                                         and as per provisions stated under
Patna High Court CWJC No.179 of 2022 dt.06-04-2026
                                           3/6




                                         Letter No. F.No14014/02/2012-Estt.
                                         (D), the Ministry of Personnel, Public
                                         Grievances and Pensions, North Block
                                         New Delhi.
                                                        iii. For quashing the
                                         order       contained    in     Letter     No.
                                         CE/2000/5/EA/XIXBd/(i)                   dated
                                         25.07.2018, issued by the Senior
                                         Administrator       Officer,      Command
                                         Civilian Personnel Officer, for Flag
                                         Officer,      Commanding          -in-Chief,
                                         Headquarters,           Eastern          Naval
                                         Command,                Naval            Base,
                                         Visakhapatnam,          by      which      the
                                         petitioner's claim for compassionate
                                         appointment has been rejected, on
                                         erroneous consideration.
                                                        iv. And For grant of all
                                         other relief(s) to which the petitioner
                                         may found entitled, on the facts and
                                         circumstances of the case.”

                         3. The case of the petitioner in brief is that the

         petitioner’s father who was working as a sailor (CK (S) 1) in the

         Navy under the Ministry of Defence of the Union of India was

         suffering from schizophrenia. He was declared unfit and

         discharged from service on 31.3.1994.

                         4. It is the case of the petitioner that the petitioner

         having been born on 14.5.1991, his father filed an application
Patna High Court CWJC No.179 of 2022 dt.06-04-2026
                                           4/6




         for his appointment on compassionate ground on 31.1.2015. The

         same came to be rejected by the order impugned dated

         25.7.2018 (Annexure-P/11) issued under the signature of the

         Senior Administrator Officer, Command Civilian Personnel

         Officer for Flag Officer Commanding-in-Chief at headquarters

         Eastern Naval Command, Naval Base, Visakhapatnam.

                         5. Learned counsel for the petitioner submits that

         the petitioner having attained majority, his father once again

         filed an application for his appointment on compassionate

         ground. The scheme for compassionate appointment provides

         for consideration of applications filed belatedly and the

         respondents have erred in not considering the application of the

         petitioner and not appointing him in place of his father.

                         6. The application is opposed by learned Senior

         Panel Counsel appearing for the Union of India who submits

         that besides the question of maintainability of the instant writ

         application, the petitioner was only 3 years old on the date his

         father was declared unfit. Further from the order impugned

         dated 25.7.2018, it would transpire that the respondents

         considered the request of the petitioner keeping in mind the

         concept behind grant of compassionate appointment which

         relates to meeting the needs for immediate assistance to the
Patna High Court CWJC No.179 of 2022 dt.06-04-2026
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         family of the Government servant in order to relieve it from

         economic distress. It is thus submitted that there is no illegality

         in the order impugned and the writ application be dismissed.

                         7. Having heard learned counsel for the parties and

         having perused the contents of the petition, it transpires that the

         father of the petitioner who was employed in the Navy was

         declared unfit as a result of suffering from schizophrenia in

         March, 1994. The petitioner was aged only about 3 years on the

         said date having been born on 14.5.1991.

                         8. Even taking into consideration the fact that the

         petitioner filed his application on attaining majority, the purpose

         of compassionate appointment being to give assistance to the

         family of the employee who has died or been discharged on

         medical grounds as in the instant case to meet the immediate

         economic distress, the application of the petitioner is fit to be

         rejected on this ground alone.

                         9. Taking into consideration the facts and

         circumstances of the case, the respondent authorities rejected

         the application of the petitioner on compassionate ground by

         order dated 25.7.2018. Even after passing of the said order, once

         again the petitioner waited for more than three and a half years

         before filing the instant writ application in January, 2022.
             Patna High Court CWJC No.179 of 2022 dt.06-04-2026
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                                      10. For all the above reasons, the Court finds no

                      illegality in the order impugned nor any merit in the instant writ

                      application.

                                      11. The application is rejected.




                                                  (Partha Sarthy, J)
sauravkrsinha/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          8.4.2026
Transmission Date       NA


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