Patna High Court
Rupa KumariversusThe Union of India
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The court directed the respondents to consider the petitioner’s compassionate appointment case at the earliest, taking into account her financial difficulty.
Summary
The petitioner, Rupa Kumari, widow of a CRPF constable who died on duty, filed a writ petition seeking appointment on compassionate grounds as a Multi‑Tasking Staff (MTS) in the CRPF. The respondents, including the Union of India and senior CRPF officials, contended that appointments must follow the organization’s recruitment rules and the New Relative Merit Points System, under which the petitioner ranked 14th and was not selected. They indicated that vacancies are announced every six months and that the petitioner could re‑apply in future rounds, with compassionate considerations applied only in accordance with merit. The court examined whether the respondents could be compelled to appoint the petitioner despite her lower merit rank. It held that, given the petitioner’s financial hardship and the compassionate nature of the request, the respondents must consider her case at the earliest. Consequently, the writ application was disposed of with a direction to the respondents to expedite consideration of her compassionate appointment.
Issues considered
- Whether the respondents are legally bound to appoint the petitioner on compassionate grounds notwithstanding her lower rank in the merit‑point system.
- Whether the recruitment rules and the New Relative Merit Points System can be set aside in a compassionate appointment case.
- Whether a writ can be issued directing the respondents to consider the petitioner’s application on compassionate grounds.
Subjects
- compassionate appointment
- CRPF
- civil writ jurisdiction
- merit points system
- recruitment rules
- widow of deceased employee
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19044 of 2024
======================================================
Rupa Kumari Wife of Late Manish Kumar Singh, Permanent resident of
Anugrah Nagar Bimla Niwas, Near Jagannath Mandir Dhansar, Jagannath
Mandir, Rajasbera, Dhanbad, Jharkhand. (828106) at present Quarter No. 458,
Block No. 32, Type-2 Group Center, Muzaffarpur, Bihar. (842004).
... ... Petitioner/s
Versus
1. The Union of India through the Home Secretary, Ministry of Home Affairs,
Government of India, New Delhi.
2. The Director General, Central Reserve Police Force (CRPF), CRPF Head
Quarters, CGO Complex, Lodhi Road, New Delhi- 03.
3. The Inspector General, Sector Bihar, Central Reserve Police Force (CRPF),
Patna.
4. The Commandant, 03 Signal Battalion, Central Reserve Police Force,
Kolkata, West Bengal.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sriram Krishna, Advocate
Mr. Amarjeet, Advocate
Mr. Prabhat Kumar Singh, Advocate
For the Respondent/s : Mr. Amarendra Nath Verma, Sr. Panel Counsel
Mr. Girija Shankar Prasad, CGC
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
7 28-04-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for
the following relief(s):
“I. To issue an appropriate Writ(s), Order(s)
or Direction(s) to the respondent authorities to appoint
the petitioner on compassionate grounds to the post of
Multi Tasking Staff (ministerial) MTS as per her
qualifications;
II. In the alternative and without prejudice
to the above to issue an appropriate Writ(s), Order(s)
or Direction(s) to the respondent authorities to
Patna High Court CWJC No.19044 of 2024(7) dt.28-04-2026
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expeditiously consider and dispose of the
representation filed by the petitioner before the
appropriate authorities praying for appointment on
compassionate grounds to the post of Multi Tasking
Staff (ministerial) MTS; and
III. To pass any other appropriate Writ(s),
Order(s), or Direction(s) that this Hon'ble Court may
deem fit on the facts and in the circumstances of the
case.”
3. The case of the petitioner in brief is that her
husband who was working in the Central Reserve Police Force
having died in harness in a road accident on 9.3.2020 while on
duty, the petitioner applied for appointment on compassionate
ground.
4. Bereft of unnecessary details, it may be observed
here that in the second supplementary counter affidavit filed on
behalf of the respondents on 24.3.2026 statement to the
following effect has been made:
“3. That the vacancy available for
appointment on compassion was notified category-wise
as per practice in vogue. As the petitioner chose the
position of Constable-Daftary, she was helped out
filling in the application and her application was duly
processed. She was facilitated for the different tests
including the physical test at her nearby place. As her
age was found more, the same was got relaxed through
due process. Thus, the lady was extended a helping
hand in every legal way. However, despite due
Patna High Court CWJC No.19044 of 2024(7) dt.28-04-2026
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consideration, she could not be appointed as she
remained at 14th place in the merit-point system even
as the top three got appointed evident from the
communication dated 17.12.2025. It is respectfully
submitted that the respondents are bound by the
recruitment rules of the organization based on the rules
of the Department of Personnel and Training,
Government of India and they can not appoint the
petitioner on compassionate grounds de hors the New
Relative Merit Points System prepared by the
competent authority on the performance in accordance
with law.
True-copy of the
communication dated 17.12.2025
in the matter of compassionate
appointment is being annexed
herewith and marked as
Annexure-SCA/4.
4. That as already stated, recruitment for the
appointment takes place every six months and
accordingly the next vacancy has already been
published by the respondents on 02.01.2026 which is
appended herewith for ready-reference. As before, if the
petitioner again applies for the post of her choice, the
respondents assure to extend their compassionate
gestures but strictly in accordance with the merit of the
competing candidates in compliance of the New
Relative Merit Points System and the recruitment rules.
The respondents assure this Hon'ble Court that they
would, as they are duty-bound to, consider the
petitioner's case for compassionate appointment.
True-copy of the
Patna High Court CWJC No.19044 of 2024(7) dt.28-04-2026
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vacancy-position dated
02.01.2026 published by the
respondents is being annexed
here and marked as Annexure-
SCA/5.”
5. Further, enclosing the list of candidates waiting for
appointment on compassionate ground as Annexure SCA/4 to
the above affidavit, perusal thereof would show that the name of
the petitioner figures at sl. no.14.
6. In view of the averments made in the counter
affidavit about the case of the petitioner having been considered
for appointment on compassionate ground and the petitioner
having secured 38 points as per New Relative Merit Points
System as a result of which name of the petitioner figures at sl.
no.14 and appointments are taking place every six months, the
writ application is disposed of directing the respondents to
consider the case of the petitioner at the earliest taking into
consideration that the matter relates to appointment on
compassionate ground and the financial difficulty faced by the
petitioner.
7. The writ application stands disposed of.
(Partha Sarthy, J)
Saurabh/-
U
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