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2009 Supreme(HP) 435

RAJIV SHARMA
AMIT KUMAR – Appellant
Versus
SECRETARY (LOCAL SELF AND URBAN DEVELOPMENT) TO THE GOVERNMENT OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
For the Petitioner:Ms. Nidhi Sharma, Advocate vice counsel.
For the Respondents:Mr. R. K. Sharma, Senior Additional Advocate General with Mr.
Rajinder Dogra, Additional Advocate General and Mr. Vikas Rathore, Deputy Advocate General
for respondent No.1. Mr. Rakesh Jaswal, Advocate for respondents No.2 and 3.

JUDGMENT

Rajiv Sharma, Judge (Oral):- The father of the petitioner died on 21st March, 1993 while working as Sanitary Supervisor in Municipal Corporation, Shimla. It appears that the mother of the petitioner has been seeking employment on compassionate basis. The representation made by her was rejected by the competent authority on 1st November, 2000.

2. Mr. Jaswal has drawn the attention of the Court to the instructions/guidelines issued by the Government of Himachal Pradesh and also adopted by the Municipal Corporation for making compassionate appointments to the dependents of a Government servant who dies in harness. He has drawn the attention of the Court to sub-clause (c) of clause 5 of Annexure A-9. A bare perusal of the instructions reveals that in case any member of the family is already in Government service or in the employment of Autonomous bodies/ Boards/Corporations etc., the compassionate appointment cannot be provided. It has come in the pleadings that the brother of the petitioner is already engaged in H.P.S.E.B. The compassionate appointment is provided to mitigate the hardship being faced by the family of a Government servant immediately after the death of such G







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