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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
Shalika Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ranjan Sharma, J.
1. Petitioner, Shalika Sharma, being widow of Late Shri Parmesh Kumar, has come up before this Court seeking the following reliefs:-
“(i) That the impugned communications dated 10th July 2018 Annexure A-1 (Colly) conveyed on 06.02.2019 may kindly be quashed and set aside in the interest of justice.
(ii) That the respondents may kindly be directed to appoint the applicant as Clerk in daily wages under the respondent department (SSA/RMSA) forthwith according to policy decision taken under item No.16 dated 12th Aug, 2013 [Annexure A-2].”
2. Case of the petitioner as set up byLearned Counsel for the petitioner is that the husband of the petitioner, namely, Parmesh Kumar, died during service while serving as an accountant under the State Project Director [SSA/RMSA] at DIET, Mandi, on 21.06.2015. After the death of her husband, the petitioner being a graduate as per Annexure A-4 and having undergone two years of Elementary Teachers Training Course and in view the dependency, applied for employment in the month of September 2016 under the Kith & Kin Policy. However, the decision taken by the Finance department on 29.10.2016 {not conveyed} and reiterated on 10.07.20
Compassionate appointment cannot be claimed as a matter of right but must be decided reasonably and without unnecessary delay to avoid discrimination and uphold fairness.
The main legal point established in the judgment is the application of OM dtd. 1/6/2015 in compassionate appointment cases, specifically the time limit for considering pending applications and the im....
Compassionate appointments are intended for immediate relief, and claims made after significant delays cannot be entertained as the necessary urgency is lost.
Compassionate appointments are not rights and must be addressed immediately; delays can render claims void due to the absence of financial crisis.
Compassionate appointments must be considered promptly to address immediate financial crises; undue delay can render applications stale and ineligible.
Compassionate appointment is intended for immediate relief in case of death of a breadwinner, and applications must be timely; delays undermine claims for such appointments.
Compassionate appointments must address financial crises timely, with rules in effect at the time of application guiding decisions; administrative delays cannot negate this entitlement.
Compassionate appointment claims are contingent on urgency; significant delays may render applications stale and unjustified, nullifying the relief sought.
Compassionate appointment claims must be considered promptly; significant delays can negate the urgency required, making applications stale.
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