Families Of Disabled Combat Personnel Deserve Liberal Approach In Compassionate Appointment Claims: Orissa High Court

“People sleep peaceably in their beds at night only because rough men stand ready to suffer violence on their behalf,” the Orissa High Court quoted George Orwell as it upheld the direction of a Single Bench, which ordered compassionate appointment as Head Constable in favour of the wife of a former Central Reserve Police Force (CRPF) jawan who sustained grave injuries and disability in a bomb blast while on combat duty in 2007.A Division Bench of Justice Dixit Krishna Shripad and Justice Chittaranjan Dash was critical of the approach of the authority in rejecting the claim of an ex-defence staff. It starkly observed –“A society, which does not hold the Defence Personnel in high esteem, will do disservice to itself, inasmuch as its own security will be at stake, if those who guard it are not regarded. These personnel protect borders of the country with a belief that if something wrong happens to their life or limb, the State & Civil Society would come forward for rescue by providing some succour to their families. This belief that prompts them to do great sacrifice should not be shaken. Therefore, the claim for compassionate appointment in such special cases have to be processed with humane approach and not in a bureaucratic manner.”The first respondent in this writ appeal was a CRPF jawan who suffered severe physical disability in Srinagar due to a bomb blast orchestrated by terrorists on 23.01.2007. He was discharged from service on 07.03.2014. The second respondent/his wife requested for compassionate appointment which was turned down. Being aggrieved, the couple had filed a writ petition challenging the rejection order, which came to be favoured by the single judge. This writ appeal was filed by the appellant/Union Government against the single judge's order.It was the contention of the appellants that even though the lady was offered the post of Constable (Ground Duty), she refused to accept the same and staked claim for the post of Head Constable (Ministerial Cadre). It was their further argument that a written test was mandatory even for appointment under rehabilitation/compassionate scheme. As she failed to pass the written test, her claim for the post was rightly rejected.Before delving into merits of the appeal, the Court acknowledged the selfless and risky nature of jobs of the defence personnel. In its words –“It does not require any research to know that the personnel of Combatant Forces like the Defence, BSF, ITBP, CRPF, etc. be they employed in the frontiers of the country or interior may have to sacrifice their lives or limbs for securing the countrymen. Thus, theirs is truly a yeomen service. They deserve more respect and much deference.”Justice Shripad, who authored the judgment, underlined that the cases of compassionate appointment pertaining to the Armed Forces stand on a different footing and claims relating thereto deserve liberal consideration.“The provisions of such a Scheme have to be liberally construed in favour of the claimant, unlike in civil sectors of employment. The decision to deny the post of head Constable although the post of Constable was offered, did not reflect such a liberal approach. Thus, that itself constituted an error apparent on the face of the record. We are not interpreting the immutable loss of physics but construing man made law for humans and therefore, humane elements cannot be kept at a bay while enforcing socio-welfare policy. Otherwise, it will not be a “living law of the people”, to borrow the words of Eugen Ehrlich an Austrian jurist (1862-1922).”So far as the ground of failure in written test was concerned, the Bench was the least convinced to deny the claim for compassionate appointment on such basis.“The alleged failure in the said Test cannot be a stumbling block to the consideration of her claim, for compassionate appointment, when compelling her to write the Written Test itself was incompetent. If the post of Head Constable is also in the same cadre, as the post of Constable, and the Scheme envisages all these posts for the purpose of compassionate appointment, it is un-understandable as to how only for the post of Head Constable the written test was insisted upon by the Appellants.”It was further held that the authorities must provide a sense of security to the Army personnel, which was found to be “militantly” lacking in this case.“The authorities that be, should give an impression to the members of the Combating Forces that in the event of death or disability, there would be something for the dependents to fall back upon. Otherwise, the morale of Combatants would be badly affected leading to their thinking about the future of their families in the case of death or disablement, than concentrating on the due discharge of their combat duties, for securing our frontiers or protecting the countrymen.” Therefore, the Court dismissed the appeal and ordered the appellant authorities to give appointment to the wife of the ex-CRPF jawan as Head...

Families Of Disabled Combat Personnel Deserve Liberal Approach In Compassionate Appointment Claims: Orissa High Court

Jyoti Prakash Dutta

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