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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Surinder Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. compassionate claim for clerk/peon post with 2004 seniority after father's death. (Para 1 , 2 , 3 , 4 , 5) |
| 2. daily wage beldar appointment valid under 2005 compassionate policy. (Para 6 , 7) |
Ranjan Sharma, J.
Petitioner, Surinder Kumar, had initially filed Civil Writ Petition No.7915 of 2012 and upon establishment of Learned State Administrative Tribunal, the same was transferred to Tribunal; and upon abolition of Tribunal, the same stands re-transferred to this Court as CWPOA No.2668 of 2019, praying for following relief(s):
(i). That writ in the nature of mandamus may very kindly be issued directing the respondents to consider the case of the petitioner for the post of Clerk as well as for the post of Peon from the date, when other persons have been appointed. The respondents may kindly be directed to consider the case of the petitioner with effect from 2004 and seniority may also be given to the petitioner.
(ii). That the respondents may kindly be directed to give all consequential benefits accrued from the date, when other persons have been appointed on regular basis on compassionate grounds.”
FACTUAL MATRIX:
2. Matter relates to the prayer for compassion
Once compassionate appointment accepted per applicable policy, no claim for change to higher post or regularisation permissible; leads to 'endless compassion'. Belated claims after years barred by de....
Dependent of medically incapacitated daily-wager entitled to daily-wage compassionate appointment only per policy Clause 2(b); no retrospective regularization, post-change after acceptance, or parity....
The main legal point established in the judgment is that the policy prevalent at the time of the employee's death is crucial for determining compassionate appointment, and subsequent policies should ....
No right to change compassionate appointment from daily wage Class-IV to Class-III post after policy-compliant acceptance; barred by unchallenged policy, lack of parity with regular employee dependen....
Compassionate appointment is not a vested right and cannot be claimed after significant delays, as it undermines the urgency intended by the provisions for financial distress relief.
Compassionate appointment claims must be timely; prolonged delays negate the immediate need, despite any fault of authorities.
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