Deepak Kumar vs State Of Himachal Pradesh & Others
2021 Latest Caselaw 1112 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 850 of 2021-E

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                                   Date of Decision : February 18 , 2021





    Deepak Kumar                                                   ...Petitioner.
                                   Versus





    State of Himachal Pradesh & others                             ...Respondents.

    Coram:

The Hon'ble Mr. Justice Vivek Singh Thakur, Vacation Judge.

Whether approved for reporting?1 No. For the petitionerr : Ms. Meera Devi, Advocate.

For the respondent : Mr. Dinesh Thakur & Mr. Nand Lal Thakur, Additional Advocate Generals and Mr.

Yudhbir Singh Thakur, Dy.A.G. for respondents/State.

COURT PROCEEDINGS CONVENED THROUGH VIDEO CONFERENCE

Per: Vivek Singh Thakur, Vacation Judge. (Oral)

Notice. Mr. Dinesh Thakur, learned Additional Advocate

General appears and accepts service of notice for all the

respondents and seeks time to file reply.

2. The present petition has been filed seeking a direction

to the respondents to decide the representation/application of

the petitioner for his appointment on compassionate basis

within a time bound manner and to appoint petitioner on

compassionate grounds.

Whether reporters of Local Papers may be allowed to see the judgment?

3. Learned Counsel for the petitioner submits that the

petitioner would be content in case the respondents are directed

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to consider and decide the representation/application of the

petitioner for his appointment on compassionate basis within a

time bound manner.

4. In view of the order proposed to be passed hereinafter,

no reply/instruction is required to be called from the

respondents.

5. The case of the petitioner for compassionate

appointment is pending consideration since the year 2010 and as

is evident from Annexure P-2 (colly) the

representation/application of the petitioner was transferred by

the Director Health Services to Principal Secretary (Health), to

the Government of Himachal Pradesh on 10th August, 2010 and

thereafter the petitioner had again submitted application on

prescribed format on 23rd September, 2019, which was

transmitted by the Block Medical Officer on 7 th October, 2019

and as is evident from letter dated 20th February, 2020

(Annexure P-3) the case of the petitioner has not been

considered yet.

6. In view of the above, as prayed, present petition is

disposed of with a direction to respondents No. 1 and 2 to

consider the representation/application of the petitioner on or

before 30th April, 2021, by giving opportunity of hearing to the

petitioner, if desired so, by passing a speaking and reasoned

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order.

7. Parties may produce the downloaded copy of the order

passed by the Court before the Authorities concerned if required

and the concerned Authority shall not insist for the certified copy

of the order, rather passing of the order can be verified from the

web-page of this Court.

Petition stands disposed of in the aforesaid terms.

Pending miscellaneous applications, if any, also stand disposed

of accordingly.

(Vivek Singh Thakur), Vacation Judge.

February 18 , 2021 (PK)