IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.9215 of 2025

Date of Decision: 11.12.2025

_____________________________________________________________________

Shishu Pal

……...Petitioner

Versus

State of Himachal Pradesh & Ors. …....Respondents

Coram f

Hon’ble Mr. Justice Sandeep Shaorma, Judge.

Whether approved for reporting?

For the Petitioner: Mr. Har mohan Thakur & Mr. Sunil Dutt

Gauttam, Advocates.

For the respondent(s): Mr. Rajan Kahol, Additional Advocate

uGeneral with Mr. Anish Banshtu, Deputy

Advocate General.

________________o___________________________________________________________

Sandeep Sharma, J. (Oral)

Petitioner herein, who is seeking compassionate

appointment, is aggrieved by order dated 18.10.2025 (Annexure R-3/A), whereby an application made by him for compassionate appointment has been rejected on the ground that he does not fulfill the eligibility/ income criteria as fixed by the Finance Department for

providing employment on compassionate grounds.

2. In nutshell, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Harmohan Thakur, learned counsel representing the petitioner, is that application having been filed by him for compassionate appointment has been decided by the respondents in mechanical manner because

no attempt has been made to verify the documents annexed with the application. He states that as per Income Certificate dated 23.05.2023 (Annexure P-13) adduced on record by the petitioner, income of the family from all sources does not exceed Rs.1,58,200/-, whereas, as per Policy for providing employment assistance, dated 01.11.2019, the income ceiling for family of three members is Rs.1,87,500 (Annexure P-2).

3. Pleadings adducted on record by the parties to the lis reveal that father of the petitioner died during Covid-19 i.e. on 14.03.2022, whereafter petitioner, being legal heir, filed an application before Sub Divisional Magistrate Pachhad (Sarahan), District Sirmaur, Himachal Pradesh, seeking employment on compassionate grounds. On 07.08.2023, application filed by the petitioner was forwarded by respondent No.4 to respondent No.3 vide letter No.1902. On 14.08.2023, the office of respondent No.3 wrote a letter to respondent No.4 directing it to ask the petitioner to furnish the documents as per the Himachal Pradesh Finance Department’s Office Memoranda dated 07.03.2019 and 01.11.2019. On 02.09.2023, respondent No.4 forwarded the application of the petitioner as per the format along with the documents required as per the Himachal Pradesh Finance Department’s Office Memoranda dated 07.03.2019 and 01.11.2019. Though petitioner was legitimately expecting to be given appointment on compassionate grounds, but vide communication dated 27.02.2025, he came to be informed that he was not been found fit due to non-fulfillment of income/ eligibility criteria fixed by the Finance Department vide Office Memoranda dated 07.03.2019 and 01.11.2019. In the aforesaid background, petitioner has approached this Court in the instant proceedings, praying therein for the following main reliefs:

“a. That an apptropriate writ, order or direction in the nature of certiorari be issured and the order dated 27.02.2025 (Annexure P-8), issued byu the Additional Chief Secretary-cum-Financial Commissioner (Revenue), Government of Himachal Pradesh, whereby the petitioner’s appolication for compassionate appointment has been rejected, be quashed and set aside.

b. That an appropriate writ, order or direction in the nature of mandamus may kindly be issued, directing the respondents to reconsider and allow the petitioner’s application/representation dated 25.08.2022, seeking employment on compassionate grounds, and g thereafter to forthwith issue an appointment order in favour of the petitioner to Class-IV post, in accordance with the applicable policy.”

4. Pursuant to notices issued in the instant proceedings, respondents have filed reply, wherein facts, as have been noticed hereinabove, have not be