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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Chamel Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
RANJAN SHARMA, J.
1. Petitioner, Chamel Singh, a compassionate appointee, had initially filed CWP No.4214 of 2011 before this Court and on establishment of H.P. State Administrative Tribunal, the matter was transferred to the said Tribunal; and now upon abolition, the matter stood transferred to this Court, as CWPOA No.748 of 2019, seeking the following reliefs:
“13 (a) To issue the writ of certiorari or direction in nature thereof directing the respondents to consider the regularization of the services of the petitioner in a regular pay scale from the date he joined the respondent department w.e.f. 1.11.1994 like respondent No.5 and further to give seniority and consequential service benefits to the petitioner from the date of his joining i.e. 1.11.1994.
13 (b) To issue writ of certiorari or direction in nature thereof directing the respondents to release the arrear of pay as regular employees to the petitioner w.e.f. 1.11.1994 as has already been given to the respondent No.5 i.e. Shri Balbir Singh.”
FACTUAL MATRIX:
2. Grievance of the petitioner is that his father [Mehru] joined as a Beldar on daily wage basis in 1984 and as per Mandays he rendered continuous service from 1
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....
Appointments made on compassionate ground should be considered regular appointments, not on a daily basis, as per consistent precedents of the Courts.
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....
The court established that the dependents of daily-wage employees, whose regularization process is underway at the time of their death, may still be entitled to compassionate appointment, emphasizing....
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....
Posthumous regularisation of daily wagers after 7 years service enforceable by heirs; compassionate appointment extends to dependents dying in harness despite formal delay.
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 cannot be claimed as a matter of right but must be decided reasonably and without unnecessary delay to avoid discrimination and uphold fairness.
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