Arun Kumar vs State Of H.P. & Ors
2023 Latest Caselaw 5146 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWPOA No.1701 of 2020 Decided on: 3rd May, 2023

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Arun Kumar ....Petitioner

Versus

State of H.P. & Ors ...Respondents _________________________________________________________________ Coram Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge

1 Whether approved for reporting?

For the petitioner:

r to _________________________________________________________________ Mr. Parav Sharma, Advocate.

For the respondents: Mr. Sumit Sharma, Deputy Advocate General.

Jyotsna Rewal Dua, Judge

The writ petition has been filed for the grant of

following substantive reliefs:-

"(i) That the respondents may kindly be directed to grant employment assistance on compassionate grounds to the applicant with all consequential

benefits, in the interest of justice.

(i)(a) That the impugned letter dated 17.02.2021 conveying the rejection for grant of employment assistance on compassionate grounds may very kindly be quashed and set aside and the applicant may very kindly be held entitled for employment

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

assistance on compassionate grounds, in the interest of justice."

2. The respondents in their reply have not disputed

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that the petitioner had applied for compassionate appointment

in the year 2006. Stand of the respondents is as under:-

"5. That the father of the petitioner was a regular employee of Education Department and served more than 23 years in the Department as Shastri. The

employee died while in service on 17.03.2004 and the case for employment on compassionate grounds in respect of petitioner was submitted to the

Government for consideration. The matter was

examined and some objections were raised at Government level which were removed and the same was resubmitted to the Government vide letter

dated 01.02.2019. In the meantime, State Government issued revised policy for the employment on compassionate ground vide office

memorandum dated 07.03.2019. Thereafter, the

case of the petitioner was returned by the Government vide letter dated 08.04.2019 with the

directions that the matter be examined as per revised policy.

6. That the petitioner resubmitted his case of appointment on compassionate ground as per revised policy to the department on 19.03.2020. The said case was scrutinized by the screening committee constituted at Directorate level as per revised policy dated 07.03.2019. Keeping in view

of revised policy dated 07.03.2019 and its subsequent amendments; committee has observed that "According to legal heir's certificate submitted by the petitioner, there are four legal heirs of the

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deceased employee, but two daughters have got

married. Further, total income of petitioner from all sources is Rs.2,24,000/- per annum as shown in

Income Certificate furnished by the petitioner. as per revised policy of the Government dated 07.03.2019, if family members of deceased

employee is 02, the income limit would be Rs.1,25000/- . Therefore, the case of the petitioner was rejected by the department vide letter dated

08.02.2021."

3. The respondents have rejected the case of the

petitioner on 08.02.2021 by applying the revised policy of the

year 2019. The course adopted by the respondents is not in

consonance with the pronouncement of the Hon'ble Apex

Court in 2022 (2) SCC 157 (state of Madhya Pradesh and

others Vs. Ashish Awasthi and connected matter), wherein,

it has been held that the cases for employment on

compassionate ground are to be examined as per the policy

prevalent at the time of death of the deceased employee and

not subsequent policy. Hence, there shall be a direction to the

respondents to examine the case of the petitioner in terms of

the policy, which was applicable at the relevant time. This

exercise be carried out in accordance with law, within six

weeks from today. The decision so taken be also

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communicated to the petitioner.

The present petition stands disposed of in the

above terms, so also the pending miscellaneous application(s),

if any.

    May 3, 2023
                      r          to                   Jyotsna Rewal Dua
                                                            Judge

        R.Atal