1. Petition seeking compassionate appointment after father's death in harness. (Para 2 )
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2026 Supreme(Online)(HP) 5623
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
Jyotsna Rewal Dua, J
Vivek Kumar – Appellant
Versus
State of H.P. – Respondent
CWP No. 174/958
Advocates:
For the Appellants/Petitioners: Ashok Kumar Verma
For the Respondents: Sikander Bhushan
For the Appellants/Petitioners: Ashok Kumar Verma
For the Respondents: Sikander Bhushan
The court directed the competent authority to consider and decide the petitioner's representation for compassionate appointment, filed after attaining majority, within six weeks in accordance with the applicable law and policy.
Headnote:(A) Compassionate Appointment - Application upon attaining majority - A representation for employment on compassionate grounds submitted by a petitioner upon attaining the age of majority, following the death of a parent in harness, must be considered by the competent authority. (Para 2)
(B) Writ of Mandamus - Direction to decide representation - In cases of limited grievance where a representation has not been decided, the court may direct the competent authority to conclude the matter within a stipulated timeframe in accordance with law and applicable policy. (Para 3)
Issues: Whether the respondents are required to decide the petitioner's representation for compassionate appointment.
Legal Category Hierarchy
Table of Contents
2. Petitioner's representation for compassionate appointment not considered by respondents. (Para 2 )
3. Court considered limited grievance and directed consideration of representation. (Para 3 )
4. Writ petition disposed with direction to consider compassionate appointment representation. (Para 3 )
5. Can a writ petition for compassionate appointment be disposed by directing consideration of the representation?
Yes, the court disposed the writ petition directing the competent authority to consider the petitioner's case within six weeks in accordance with law. (Para 3 )
Jyotsna Rewal Dua, Judge.
Notice. Mr. Sikander Bhushan, learned Deputy Advocate General appears and waives service of notice on behalf of the respondents.
2. Case set up by the petitioner is that his father, late Shri Baldev Ram, was working as beldar in respondent No.4-Public Works Department at its Sub-Division Pangi, District Chamba. He died in harness on 19.01.2004. Petitioner was minor at the time of death of his father. It is his case that on attaining the age of majority and on becoming aware of the scheme for employment on compassionate grounds, he represented on 30.03.2021 (Annexure P-3) seeking compassionate appointment and followed it up with subsequent reminders. Petitioner's grievance is that his representation has not been considered and decided till date by the respondent.
3. Looking to the limited grievance of the petitioner, this writ petition is disposed of with direction to respondent No.2/competent authority to consider petitioner's case seeking employment on compassionate grounds and take it to its logical conclusion within six weeks in accordance with law and applicable policy. Order so passed be also communicated to the petitioner. Pending applications, if any, also stand disposed of.
