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VIVEK SINGH THAKUR, SANDEEP SHARMA
State of Himachal Pradesh – Appellant
Versus
Shanti Devi – Respondent
JUDGMENT :
Sandeep Sharma, J.
CMP(M) No.83 of 2024
For the reasons stated in the application, delay in filing the appeal, which in our considered view, has sufficiently been explained, is condoned. The application stands disposed of.
2. Appeal be registered.
LPA No. 34 of 2024
3. Instant Letters Patent Appeal lays challenge to the judgment dated 28.7.2023, passed by the learned Single Judge of this Court in CWPOA No. 6527 of 2019, titled Shanti Devi v. State of Himachal Pradesh and Ors., whereby a direction came to be issued to the appellants to offer appointment to the petitioner (respondent herein) against Class-III post on compassionate grounds w.e.f. 6.8.2015, i.e. the date on which her representation was rejected by the competent authority with all consequential benefits.
4. Key facts, necessary for adjudication of the case at hand are that father of the respondent, who was serving with the appellants-department as a Fitter died in harness on 30.6.2003, leaving behind his wife and two daughters including the respondent. Though respondent was eligible and entitled for appointment against class-III post as her father was holding class-III post when he died, but she was offered appointm
The relaxation of government instructions in a similar case estopped the appellant department from denying the respondent's request for appointment against a class-III post.
Compassionate appointments are not a matter of right and depend on the availability of vacancies; once an appointment is accepted, further claims for higher positions are not permissible.
Acceptance of a compassionate appointment in a lower post precludes subsequent claims for a higher post.
Compassionate appointments under the dying-in-harness rules cannot be upgraded once accepted, as they are not a matter of right.
Appointment on compassionate ground is provided out of pure humanitarian consideration taking into consideration fact that some source of livelihood is provided and family would be able to make both ....
(1) Compassionate Appointment – Employment on compassionate basis is provided only on account of humanitarian consideration – Such appointment which is arising out of exceptional circumstances, canno....
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