LAWS(HPH)-2010-10-70

SHANTI DEVI Vs. STATE OF HP

Decided On October 20, 2010
SHANTI DEVI Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The petition is filed with the following prayer: That the applicant be ordered to be appointed as work-charge beldar, modifying the order Annexure A-1 w.e.f. 1.3.1997 as the orders of the respondents are illegal, wrong and against the government policy and principle of natural justice.

(2.) It is not in dispute that the husband of the petitioner died while he was a work-charge beldar. Therefore, the claim of the petitioner is that on offering compassionate appointment, she should also be appointed as work-charge beldar. The Annexures A-3, A-4 and A-5 are instances where such advantageous appointment was given to similarly situated persons. Annexure A-2 is pending before the second respondent. In case the petitioner is similarly situated person as referred to in Annexures A-3, A-4 and A-5, the petitioner cannot be discriminated. There will be a direction to second respondent/ competent authority to take appropriate action on Annexure A-2 in the light of the observations contained in the judgement within a period of three months from the date of production of copy of this judgement by the petitioner. The consequential benefits, if any, to which the petitioner is found eligible shall also be disbursed.

(3.) With the above observation, the petition stands disposed of so also the pending applications, if any. Copy dasti.