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Patna High Court

Indu Devi and AnrversusThe Union Of India and Ors

Decided
Disposal
DISMISSED

Holding

No compassionate appointment can be made as there is no provision for such in case of death after retirement and the delay defeats its purpose.

Summary

The petitioners sought to quash a 2017 order that rejected petitioner Gopal Kumar Pandey's application for a compassionate appointment in the Border Security Force, filed on behalf of his deceased father who had retired as a Sepoy in 1995 and died in 1997. The petitioners argued that the applicant, now an adult, was eligible for appointment on compassionate grounds despite the father's death occurring after retirement. The respondents contended that compassionate appointments are not available for deaths occurring post‑retirement and that the 18‑year delay in filing the application defeated its purpose. The court examined the statutory framework and found no provision for compassionate appointment in such circumstances and noted the undue delay. Consequently, the court held that the application had no merit and dismissed the writ petition.

Issues considered

  • Whether a compassionate appointment can be granted to the child of a BSF personnel who died after retirement
  • Whether the 18‑year delay in filing the application defeats the purpose of compassionate appointment
  • Whether any statutory provision exists for compassionate appointment in case of death of a retired employee

Subjects

  • compassionate appointment
  • Border Security Force
  • retirement
  • delay
  • writ jurisdiction
  • service law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5509 of 2017
                 ======================================================
           1.     Indu Devi wife of late Bijay Shankar Pandey,
           2.    Gopal Kumar Pandey son of late Bijay Shankar Pandey,
                 Both are residents of Village Simari, P.S. Simari, District Buxar at present
                 both are resides at mohalla - Krishnanagar, Mihijam, P.S. Mihijam, District
                 Jamtara, Jharkhand.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The Union of India, through the Secretary, Ministry of Defense, New Delhi.
           2.    The Director General, Border Security Force, 10 C.G.O. Complex, Lodhi
                 Road, New Delhi.
           3.    The Commandant, 12 Battalion, B.S.F. Shikar (Deva Baba Nanak) District
                 Gurdaspur, Punjab.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Dr. Kamal Deo Sharma, Advocate
                 For the Respondent/s   :      Mr. Awadhesh Kumar Pandey, Sr. CGC
                                               Mr. R.K.Sharma, CGC
                                               Mr. Lokesh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   10-02-2026                   Heard learned counsel for the petitioners and learned

                   counsel for the respondents.

                               2. The petitioners have filed the instant application

                   praying for quashing the order dated 16.2.2017 passed by the

                   respondent no.3 whereby the application of the petitioner no.2

                   for his appointment on compassionate ground in place of his

                   father was rejected.

                               3. The relevant facts in brief are that the father of the

                   petitioner no.2, who was working as Sepoy in the Border

                   Security Force, took voluntary retirement on 27.12.1995.
Patna High Court CWJC No.5509 of 2017(4) dt.10-02-2026
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          Subsequent thereto, after having retired from service the father

          of the petitioner no.2 died on 28.9.1997.

                      4. It is submitted by learned counsel for the petitioners

          that at the relevant time, the petitioner no.2 was one year old.

          Having attained his majority, he filed his application for

          appointment on compassionate ground on 22.12.2015 which

          came to be rejected by the order impugned.

                      5. The application is opposed by learned counsel

          appearing for the respondents who referring to the order

          impugned and the counter affidavit filed on behalf of the

          respondents submits that the petitioners have not made out any

          case for appointment on compassionate ground. Firstly, the

          death of father of the petitioner no.2 and husband of petitioner

          no.1 did not take place while in service but after he had retired.

          Further, the step taken by the petitioners of filing an application

          suffers from gross delay in so far as the application of petitioner

          no.2 for appointment has been filed more than 18 years after the

          death of his father. As such, it is submitted that there is no merit

          in the writ application and the same be dismissed.

                      6. Having heard learned counsel for the parties and

          having perused the material on record, it transpires that the

          father of the petitioner no.2 was not in service having obtained
            Patna High Court CWJC No.5509 of 2017(4) dt.10-02-2026
                                                        3/3




                      voluntary retirement on 27.12.1995. On the date of death of his

                      father ie 28.9.1997, the petitioner no.2 was a 1 year old child.

                      The application of the petitioner for compassionate appointment

                      having been made 18 years after the death of his father also

                      frustrates the very purpose of grant of compassionate

                      appointment.

                                  7. In any case, there is no provision for compassionate

                      appointment in case of death of a person who has already

                      retired.

                                  8. There is absolutely no merit in the writ application

                      and the same is dismissed.



                                                 (Partha Sarthy, J)
Saurabh/-

U


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