LAWS(PAT)-2011-4-28

AMAR NATH Vs. UNION OF INDIA

Decided On April 20, 2011
AMAR NATH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and counsel for the Union of India as also authorities of the Central Industrial Security Force (C.I.S.F.).

(2.) The petitioner in this writ application has sought a direction from this Court for his appointment on compassionate ground on the basis that his father employed in C.I.S.F. died-in-harness on 27.6.2002. Counsel for the petitioner has submitted that even when the petitioner has repeatedly been knocking the door of the respondents, he has been declared to be unsuccessful in the physical standards for the post of Constable in C.I.S.F. though the petitioner is ready to work on any post including that of a Sweeper.

(3.) Learned counsel for the respondents on the other hand has explained that the petitioner, right from the inception, was ineligible for appointment on the post of Constable in C.I.S.F., inasmuch as, the age of the petitioner on 27.6.2002 was around 31 years whereas the maximum age permissible for appointment in C.I.S.F. for general category candidate is 23 years extendable to three years for the category of OBC and five years for the SC category. He has further submitted that when the petitioner was given opportunity to appear in the selection test, he could not clear the physical standards laid down for the post of Constable. It has also been explained that no other vacancy exists on which the appointment of the petitioner could be made in C.I.S.F.