Kerala High Court
Aju Raju vs Union Of India on 5 March, 2025
Author: D. K. Singh
Bench: D. K. Singh
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WP(C) No. 18041 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
WEDNESDAY, THE 5TH DAY OF MARCH 2025/14TH PHALGUNA, 1946
WP(C) NO. 18041 OF 2023
PETITIONERS:
1 AJU RAJU,
AGED 28 YEARS, S/O LATE V.G. RAJU,
SREEMANGALAM HOUSE,
V.KOTTAYAM P.O.,PATHANAMTHITTA DISTRICT,
KERALA, PIN-689656.
2 MALIKA T.,
AGED 55 YEARS, W/O LATE V.G. RAJU,
SREEMANGALAM HOUSE,
V.KOTTAYAM P.O., PATHANAMTHITTA DISTRICT,
KERALA, PIN-689656.
BY ADV.SAGITH KUMAR V.
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF HOME AFFAIRS,
NORTH BLOCK CABINET SECRETARIAT,
RAISANA HILLS, NEW DELHI, PIN-110001
2 THE DIRECTORATE GENERAL,
MINISTRY OF HOME AFFAIRS,
GOVT. OF INDIA SAHARSHA SEEMA BAL,
F.H.Q, EAST BLOCK-V, R.K. PURAM,
NEW DELHI, PIN-110066
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WP(C) No. 18041 of 2023
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3 THE SSB COMMANDANT,
SAHARSHA SEEMA BAL,
F.H.Q, EAST BLOCK-V, R.K. PURAM,
NEW DELHI, PIN-110066
4 DY. INSPECTOR GENERAL OF POLICE,
GROUP CENTRE, CRPF, PALLIPPURAM,
THIRUVANANTHAPURAM, PIN-695316
R1-R4 ADV.K.S.PRENJITH KUMAR, CGC
R4 ADV.N.S.DAYA SINDHU SHREEHARI, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
HEARING ON 05.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No. 18041 of 2023
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JUDGMENT
Dated this the 5th day of March, 2025
The 1st petitioner's father, Sri.V.G.Raju, was
employed as Constable (Cook) in Sasasthra Seema Bal, F.H.Q.,
New Delhi. He died in harness on 11.01.2020. The 1 st
petitioner applied on 10.06.2020 for giving him an
appointment on compassionate ground against Group 'C'
post under 5% vacancies reserved for compassionate
appointment.
2. The 1st petitioner was called for recruitment
test for compassionate appointment for the vacancy of the
year 2020. The recruitment test was held at 25 th Battalion
Ghitorni, Delhi with effect from 01.09.2021. The 1 st petitioner
had participated in the recruitment test and submitted his
willingness for the post of Constable (General Duty).
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However, the 1st petitioner was not qualified in Physical
Efficiency Test as he did not complete 5 Kms race in 24
minutes and therefore, he was not recommended for the post
of Constable (General Duty) as he did not meet the physical
efficiency required for the said post. But the 1 st petitioner
again applied for compassionate appointment, vide
application dated 05.10.2021. He was again called for
recruitment test for compassionate appointment for the
vacancy of the year 2021 held at 25 th Battalion Ghitorni, Delhi
with effect from 12.10.2022. He submitted his willingness for
the post of Head Constable (Communication). However, he
did not qualify in the Physical Efficiency Test, i.e., 1.6 Kms
race in 06 minutes 30 seconds. Thus, he was not
recommended for the post of Head Constable
(Communication) by the Recruitment Board. The 1 st
petitioner was found unfit while assessing the suitability by
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the Board of Officers. Thereafter, as per the guidelines of the
Scheme for compassionate appointment and Standard
Operating Procedure (SOP) on compassionate appointment,
he was provided an opportunity to apply for next lower post,
if he so desired.
3. The 1st petitioner expressed his willingness
for the post of Constable (Water Carrier). He was again
called for Physical Efficiency Test for the post of Constable
(Water Carrier). However, he again failed in the Physical
Efficiency Test, i.e., he could not complete 4.8 Kms race in 24
minutes and therefore, he was not recommended for
selection to the post of Constable (Water Carrier) under
Compassionate Appointment Scheme by the Recruitment
Board. The 1st petitioner's mother had already given her
consent in favour of the 1st petitioner. The 1st petitioner was
asked to communicate that he could apply afresh for
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compassionate appointment in the next year, if he so
desired, vide office letters dated 16.01.2023 and 23.03.2023.
However, the selection of the 1st petitioner would be subject
to the fulfilment of the requisite recruitment criteria under
the Compassionate Appointment Scheme. The petitioner has
not applied thereafter.
4. The learned counsel for the petitioners
submitted that when the 1st petitioner's application for
recruitment under the dying in harness scheme was
considered, the guidelines dated 02.08.2022, issued by the
Government of India, Ministry of Personnel, Public
Grievances and Pensions (Department of Personnel and
Training) were applicable. He further submits that, as per
the aforesaid guidelines, the 1 st petitioner must have been
communicated the criteria which he could not fulfil for
recruitment under the dying in harness scheme.
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5. I have considered these submissions under
the new guidelines dated 02.08.2022, the eligibility is
defined as under;
1. The Family is indigent and deserves
immediate assistance/relief from financial
distress;
2. The applicant for compassionate
appointment should be eligible and suitable
for the post in all respects under the
provisions of the relevant recruitment rules.
6. As pointed out above, the 1st petitioner failed
three times to qualify in the Physical Efficiency Test for
appointment on compassionate ground, first, for the post of
Constable (General Duty) and second, for Head Constable
(Communication) and third, for Constable (Water Carrier). If
the petitioner does not have the physical efficiency for
appointment to the post, he cannot come before this Court for
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a writ of mandamus directing the respondents to appoint him
under the Compassionate Appointment Scheme.
In view thereof, I do not find any substance in this
writ petition and the same is hereby dismissed.
Sd/-
DINESH KUMAR SINGH
JUDGE
bpr
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APPENDIX OF WP(C) 18041/2023
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE FOR THE
PERSONS WITH DISABILITY ISSUED BY
GOVERNMENT OF KERALA, DEPARTMENT OF
HEALTH SERVICES DATED 25/10/2010.
Exhibit P2 TRUE COPY OF THE REPRESENTATION OF THE
2ND PETITIONER DATED 10/06/2020.
Exhibit P3 TRUE COPY OF THE LETTER OF THE 4TH
RESPONDENT DATED 28/10/2020.
Exhibit P4 TRUE COPY OF THE LETTER OF THE 3RD
RESPONDENT DATED 09/11/2020.
Exhibit P5 TRUE COPY OF THE REPLY OF THE 3RD
RESPONDENT DATED 20/05/2022.
Exhibit P6 TRUE COPY OF THE LETTER OF THE 3RD
RESPONDENT DATED 16/01/2023.
Exhibit P7 TRUE COPY OF THE LETTER OF THE 2ND
RESPONDENT DATED 23/03/2023.
