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2025 Supreme(HP) 402
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
JYOTSNA REWAL DUA, J.
Archana Sharma - Appellant
Versus
State of H.P. & Anr. – Respondents
CWP No.6152 of 2024
Decided on : 07-05-2025
For the Appellant :Mr. Naresh K. Sharma and Mr. Kamal Sharma, Advocates.
For the Respondents:Ms. Menka Raj Chauhan, Deputy Advocate General.
Acceptance of compassionate appointment without protest precludes later claims for regularization from an earlier date.
Headnote:
(A) Compassionate Employment Policy - Amendment dated 04.09.2012 - Regularization of services - Petitioner sought regularization from the date of initial appointment on compassionate grounds after the death of her husband, a contractual employee - The amendment allowed dependents of deceased contractual employees to be employed on daily wage basis - Petitioner was appointed on 30.08.2013 and regularized on 10.10.2018 - Court held that the petitioner accepted the appointment without protest and cannot now claim regularization from an earlier date. (Paras 2, 4, 5)
(B) Delay and laches - The petitioner failed to explain the delay in seeking relief for regularization from the date of initial appointment, which was first requested in 2024, after years of acceptance of the appointment. (Paras 4(i), 4(ii))
Facts of the case:
The petitioner, widow of a deceased contractual employee, was appointed on compassionate grounds in 2013 and regularized in 2018. She sought to be treated as regularly appointed from 2013, which was denied due to her acceptance of the terms of employment. (Paras 2, 4)
Findings of Court:
The court found that the petitioner accepted her appointment on daily wage basis without protest and was precluded from claiming regularization from an earlier date. (Paras 4(i), 5)
Issues: The main issues were whether the petitioner could claim regularization from the date of initial appointment and the implications of delay in seeking such relief. (Paras 4, 5)
Ratio Decidendi: The court ruled that acceptance of an appointment without protest precludes a claim for regularization from an earlier date, and the discretion of authorities in compassionate appointments is not to be questioned if accepted. (Paras 4(i), 4(ii))
Result: Petition dismissed.
JUDGMENT :
Jyotsna Rewal Dua, J.
Gist of petitioner’s case is that her services are required to be regularized from the date of her initial appointment as Clerk on daily wage basis on compassionate grounds. On the basis of this relief, petitioner also claims consequential benefits including placing her at an appropriate place in the seniority list of Junior Assistants/Clerks.
2. It is not in dispute that:-
2(i) Petitioner’s husband Sh. Naresh Kapil, was serving as Veterinary Pharmacist on contract basis in the respondent-Animal Husbandry Department. He died in harness on 28.05.2011.
2(ii) Respondents carried out an amendment in the Compassionate Employment Policy dated 18.01.1990 under office memorandum issued on 04.09.2012, conveying the decision of the State Government that dependents of deceased contractual employees would also be eligible for compassionate employment. Accordingly, following Sub- Clause (f) was placed below para-2 of the Compassionate Employment Policy dated 18.01.1990:-
“(f) A contractual employee who dies while in service leaving his family in immediate need of assistance may be given compassionate employment on daily waged basis.”
In view of above amendment, petitioner being wife of late Sh. Naresh Kapil-a contractual employee, became eligible for employment on compassionate grounds. She applied as such. The respondents-Department considered petitioner’s case and offered appointment to her on 19.08.2013 against the post of Clerk on daily wage basis on compassionate grounds. Petitioner accepted the offer and joined her duties as daily waged Clerk on 30.08.2013.
2(iii) Petitioner’s services were regularized on 10.10.2018 in accordance with the regularization policy issued by the respondent-State on 11.05.2018. Petitioner accepted this order as well.
2(iv) Respondents issued seniority lists of Junior Assistants/Clerks in the Animal Husbandry Department from time to time. Final seniority list of Junior Assistants/Clerks circulated on 18.09.2019, tentative seniority list circulated on 15.05.2023 have been placed on record. The incumbents were assigned seniority in these lists keeping in view the date of regularization of their services. The name of the petitioner was reflected in these seniority lists on the basis of date of regularization of her services i.e. 10.10.2018.
2(v). On 31.05.2024, petitioner filed this writ petition with the grievance that she was required to be treated as regularly appointed from the date of her initial appointment on compassionate grounds on daily wage basis i.e. with effect from 30.08.2013. That on the basis of this relief, petitioner’s placement in the seniority list is also required to be shifted to the appropriate place i.e. by treating her appointment as regular w.e.f. 30.08.2013.
3. Learned counsel for the petitioner submits that respondents had revised the policy for compassionate appointment under office memorandum dated 07.03.2019 Clause 15 thereof provided that a person appointed on compassionate ground in a particular year may be placed at the bottom of all the candidates recruited/appointed through direct recruitment, promotion etc. in that year, irrespective of the date of joining of the candidate on compassionate ground. It was further submitted that the petitioner having been appointed on 30.08.2013 was required to be assigned the seniority/place at the bottom of the batch recruited during the year 2013.
4. The above contentions of the petitioner lack merit. This is for the following reasons:-
4(i) Firstly, it is born out from the record that the petitioner was appointed pursuant to the amendment to the Compassionate Appointment Policy dated 18.01.1990, carried out under office memorandum dated 04.09.2012. The said office memorandum provided for employing the dependents of the deceased contractual employee on daily wage basis. The respondents had offered appointment on compassionate grounds to the petitioner on 19.08.2013 on daily wage basis. Petitioner accepted the offer with
