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Patna High Court

Aashish KumarversusUnion of India

Decided
Disposal
DISMISSED

Holding

The petition is dismissed as the claim for compassionate appointment is barred by delay and laches.

Summary

The petitioner, Aashish Kumar, sought a compassionate appointment in the CRPF after his father, a CT/DVR, died in harness in 2005 when the petitioner was 1½ years old. He claimed to have completed the requisite pre‑selection training and requested a mandamus directing the respondents to appoint him. The respondents argued that the petition was filed after an inordinate delay of about 20 years, invoking the doctrines of delay and laches. The Court examined Supreme Court precedents (Jagdish Prasad, Umesh Kumar Nagpal, and Local Administration Dept. v. Selvanayagam) which hold that compassionate appointments are meant to relieve immediate hardship and cannot be claimed after a reasonable period has elapsed. Relying on these authorities and the principle that such appointments are not a vested right, the Court found no merit in the petition and dismissed it, also ordering any pending applications to stand disposed.

Issues considered

  • Whether a dependent can claim a compassionate appointment after a prolonged delay of two decades.
  • Whether the doctrines of delay and laches bar the petitioner’s claim for appointment.
  • Whether compassionate appointment constitutes a vested right enforceable by mandamus.

Subjects

  • compassionate appointment
  • delay
  • laches
  • dependent
  • CRPF
  • mandamus
  • constitutional law
  • Articles 14 and 16

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.4723 of 2026
     ======================================================
     Aashish Kumar Son of Late- Markandey Prasad, Resident of Village -
     Parsaunda Dera, P.O.- Parsaunda, P.S.- Shahpur, District - Bhojpur, State
     Bihar, Pin Code- 802112.

                                                                ... ... Petitioner/s
                                        Versus
1.   Union of India through its Secretary, Ministry of Home Affairs, Government
     of India, North Block, Central Secretariat, New Delhi-110001.
2.   The Director General, (CRPF), Block No.- 1, CGO Complex, Lodhi Road,
     New Delhi - 110003.
3.   The Inspector General of Police, Jharkhand Sector, Central Reserve Police
     Force (CRPF), Tiril Ashram, Durwa, Ranchi, Jharkhand- 834004.
4.   The Deputy Inspector General of Police, Group Centre, Central Reserve
     Police Force (CRPF), Sembo, Durwa, Ranchi, Jharkhand - 834004.
5.   The Deputy Inspector General of Police, Group Centre Campus, Central
     Reserve Police Force (CRPF), Mokamaghat, Patna, Bihar - 800001.
6.   The Commandant, 11th Battalion, Central Reserve Police Force (CRPF),
     Near Block Colony, Latehar District- Latehar, Jharkhand- 829206.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Rajeev Kumar, Advocate
     For the U.O.I.         :      Dr. K. N. Singh, ASG
                            :      Mr. R. K. Sharma, CGC
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
     ORAL JUDGMENT
      Date : 30-03-2026

                    Heard the parties.

                    2. The present writ petition has been filed for the

      following reliefs:-

                                 a. For issuance of an appropriate writ, order
                                   or direction in the nature of Mandamus,
                                   commanding and directing the respondents
                                   to reconsider the petitioner’s claim and
                                   grant    appointment     on    compassionate
                                   grounds to any suitable post, in terms of
Patna High Court CWJC No.4723 of 2026 dt.30-03-2026
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                                        Notification No. A-VI-15/2025 Rectt. DA-9
                                        dated 14.01.2024, as the petitioner has
                                        successfully qualified the pre-assessment
                                        training, physical test, medical examination
                                        and written examination for the post of
                                        CT/Daftry.
                                      b. And for issuance of any other relief or
                                        reliefs to which the petitioner may be found
                                        entitled in the facts and circumstances of
                                        the case.
                     3. The brief facts giving rise to the present writ

         petition are that the father of the petitioner, who was serving as

         CT/DVR (No. 930110052) in the 11th Battalion, CRPF, Mokama

         Ghat, Bihar, died in harness on 26.04.2005. At the relevant time,

         the petitioner was only 1 and 1/2 years of age. After acquiring

         the educational qualification and the age for being considered

         for appointment, the petitioner filed an application before the

         competent authority for considering his case for appointment on

         compassionate ground, although no such application has been

         brought on record. Pursuant thereto, the petitioner was called for

         pre-selection training and it is said that the petitioner has

         completed       15    days’ training         for   being   appointed    on

         compassionate ground.

                     4. The learned counsel for the petitioner submits that

         despite being eligible and having attended 15 days’ training, the

         petitioner has not been appointed by the respondent authorities.
Patna High Court CWJC No.4723 of 2026 dt.30-03-2026
                                           3/6




                     5. Per contra, the learned counsel for the Union of

         India submits that the father of the petitioner died in harness on

         26.04.2005 and at that time, the petitioner was only 1 and 1/2

         years of age and now after 20 years, the petitioner has filed an

         application, for being appointed on compassionate ground,

         which is fit to be dismissed on the ground of delay and laches.

                     6. Having heard the learned counsel for the parties

         and after going through the documents available on record, it is

         an admitted fact that the father of the petitioner died in harness

         on 26.04.2005 and at the relevant time, the petitioner was 1 and

         1/2 years of age. After attaining majority, he is said to have

         submitted an application for being appointed on compassionate

         ground, but, only 15 days’ training certificate has been brought

         on record to suggest that he is eligible for being appointed on

         compassionate ground. Even otherwise it is settled law that

         compassionate appointment is given to a dependent of the

         deceased employee, who die in harness, to relieve unexpected

         immediate hardship caused to the family on account of sudden

         demise of the earning member. In the present case the death

         occurrence in 2005, in which year the petitioner was 1 and ½

         years of age and now he cannot say that he is eligible to be

         appointed after he attained majority. The Hon’ble Supreme
Patna High Court CWJC No.4723 of 2026 dt.30-03-2026
                                           4/6




         Court of India in the case of Jagdish Prasad Versus State of

         Bihar and Another reported in (1996) 1 SCC 301, in paragraph

         no.3 has held that “the very object of appointment of a

         dependent of the deceased employee who die in harness is to

         relieve unexpected immediate hardship and distress caused to

         the family by sudden demise of the earning member of the

         family. Since the death occurred way back in 1971, in which

         year the appellant was four years old, it cannot be said that he

         is entitled to be appointed after he attained majority long

         thereafter. In other words, if that contention is accepted, it

         amounts to another mode of recruitment of the dependent of a

         deceased government servant which cannot be encouraged, de

         hors the recruitment rules.”

                     7. The Hon’ble Supreme Court of India in the case of

         Umesh Kumar Nagpal Versus State of Haryana and Others

         reported in (1994) 4 SCC 138, in paragraph no.6 has held as

         follows:-

                                     “6. For these very reasons, the compassionate
                                        employment cannot be granted after a
                                        lapse of a reasonable period which must be
                                        specified in the rules. The consideration for
                                        such employment is not a vested right
                                        which can be exercised at any time in
                                        future. The object being to enable the
                                        family to get over the financial crisis which
Patna High Court CWJC No.4723 of 2026 dt.30-03-2026
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                                        it faces at the time of the death of the sole
                                        breadwinner,         the       compassionate
                                        employment cannot be claimed and offered
                                        whatever the lapse of time and after the
                                        crisis is over””
                     8. The Hon’ble Supreme Court of India in the case of

         Local Administration Department and Another versus M.

         Selvanayagam @ Kumaravelu reported in (2011) 13 SCC 42, in

         paragraph no.11 has held as follows:-

                                        “11. It has been said a number of times
                                           earlier but it needs to be recalled here
                                           that under the scheme of compassionate
                                           appointment, in case of an employee
                                           dying in harness one of his eligible
                                           dependants is given a job with the sole
                                           objective to provide immediate succour
                                           to the family which may suddenly find
                                           itself in dire straits as a result of the
                                           death      of   the     breadwinner.     An
                                           appointment made many years after the
                                           death of the employee or without due
                                           consideration of the financial resources
                                           available to his/her dependants and the
                                           financial deprivation caused to the
                                           dependants as a result of his death,
                                           simply because the claimant happened
                                           to be one of the dependants of the
                                           deceased employee would be directly in
                                           conflict with Articles 14 and 16 of the
                                           Constitution and hence, quite bad and
                                           illegal.   In   dealing   with   cases   of
             Patna High Court CWJC No.4723 of 2026 dt.30-03-2026
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                                                        compassionate    appointment,   it   is
                                                        imperative to keep this vital aspect in
                                                        mind.”
                                  9. Even this Court, based on the consideration of the

                      Hon’ble Supreme Court of India in the case of Jagdish Prasad

                      (supra) vide its judgment dated 09.02.2026 passed in C.W.J.C.

                      No. 5750 of 2022 (Janki Ballabh Versus the State of Bihar and

                      Ors.), has proceeded to reject the claim of the petitioner on the

                      ground of delay and laches.

                                  10. Accordingly, I find no merit in the present writ

                      petition and the same is dismissed.

                                  11. Pending application, if any, shall also stand

                      disposed of.




                                                  (Ritesh Kumar, J)
AjayMishra/-
AFR/NAFR
CAV DATE                NA
Uploading Date          02.04.2026
Transmission Date       NA


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