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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Anil Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. compassionate appointment as beldar after father's work-charge death. (Para 1 , 2 , 3) |
| 2. 2005 policy requires daily wage for work-charge dependents. (Para 4 , 5 , 6 , 7 , 8) |
| 3. court considers facts, circumstances, and parties' submissions. (Para 9 , 10) |
Judgment :
Ranjan Sharma, J.
Petitioner, Anil Kumar, had initially filed CWP No. 9281 of 2011, and upon establishment of State Administrative Tribunal the matter was transferred to Tribunal and now after its abolition, the matter stands transferred to this Court, as CWPOA No.620 0f 2019, seeking the following relief(s):-
“(i). For issuing a writ of Mandamus to the respondents for appointing the petitioner as a Clerk on Compassionate Grounds instead of his present compassionate appointment as Beldar, with all consequential benefits.
FACTUAL MATRIX:
2. Grievance of the petitioner is that his father Late Shri Chanan Singh, died during service on 21.05.2004 while working as Beldar on work charge basis, in Irrigation and Public Health Department. Petitioner applied for compassionate appointment on 04.05.2006 [Annexure P-2]. He was appointed as Beldar on daily wage basis on 02.09.2006 [Annexure P-3], and he joined on 11.09.20
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 appointments must be considered promptly to address immediate financial crises; undue delay can render applications stale and ineligible.
Compassionate appointments are not rights and must be addressed immediately; delays can render claims void due to the absence of financial crisis.
Compassionate appointment is not an automatic right and is subject to scrutiny based on various parameters, including the financial position of the family and the economic dependence on the deceased ....
The need for immediacy in providing compassionate appointment and disentitling relief due to undue delay.
Compassionate appointment claims are contingent on urgency; significant delays may render applications stale and unjustified, nullifying the relief sought.
Compassionate appointments are not a vested right and cannot be claimed after significant delays, as the urgency for such appointments diminishes over time.
Compassionate appointment claims must be considered promptly; significant delays can negate the urgency required, making applications stale.
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