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2026 Supreme(Online)(HP) 4644
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Jyotsna Rewal Dua, J
Suresh Kumar – Appellant
Versus
State of H.P. – Respondent
CWP No.3659 of 2026
For the Appellants/Petitioners: A.K. Gupta
For the Respondents: Anup Rattan, Menka Raj Chauhan
The court directed the competent authority to process the petitioner's undertaking for compassionate appointment to a Class-IV post and decide the case in accordance with the applicable law and policy within six weeks.
Headnote:(A) Compassionate Appointment - Processing of Application - Failure of authority to act upon undertaking for appointment to Class-IV post - Direction issued to the competent authority to process the application and consider the case in accordance with law and applicable policy within a specified timeframe. (Para 4)
Issues: Whether the respondents are required to process the petitioner's application for appointment on compassionate grounds.
Jyotsna Rewal Dua, Judge
Even though respondents have not filed reply, however, with consent of learned counsel for the parties, matter is heard at this stage.
2. This writ petition has been filed for the grant of following substantive relief:-
“i. That the respondents may be ordered to appoint the petitioner as a Chowkidar/Peon immediately with all benefits incidental thereof.”
3. Learned counsel for the petitioner points out that vide office letter dated 03.03.2022 (Annexure P-1), respondent No.2 had held out that “direct quota unadvertised vacant posts of Class-IV excluding Beldar and other categories in the dying cadre in the Government departments may be filled from amongst the. eligible compassionate applicants………… The eligible applicants who have applied for the post of Belda r in HPPWD on compassionate grounds can applyo for the post of Class-IV, Peon/Chowkidar, if interested and submit their consent/ undertaking on the prescribed proforma to their respective Controlling Officer”. Learned counsel for the petitioner submits that pursuant to above, the petitioner had furnished his undertaking on 09.03.2022 (Annexure P-3) for the post of Chowkidar (Class-IV). Petitioner's grievance is that no further action has been taken by the respondents in considering the case of the petitioner for employment on compassionate grounds against the post of ChowkidarH (Class-IV).
4. In view of the limited grievance of the petitioner, this writ petition is disposed of with direction to respondent No.2/competent authority to process the undertaking furnished by the petitioner vide Annexure P-3, dated 09.03.2022 and consider his case for employment on compassionate grounds in accordance with law and in terms of the applicable policy, within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioner.
The writ petition stands disposed of in t.he above terms, so also the pending miscellaneous application(s), if any.
