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Patna High Court

Rupa KumariversusThe Union of India

Decided
Disposal
DISPOSED

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
                                                       4/4




                                                              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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