SIKANDER NEGI Vs. H.P. VIDHAN SABHA

JUDGEMENT

(1.) SHRI Roop Lal Negi, father of the petitioner died in harness on 3.11.2010. Petitioner (Shri Sikander Negi) applied for appointment on compassionate basis. He was appointed as a Fresh by respondent No. 1 sometime in February, 2012, during the pendency of the petition. It has come on record that atleast one post of Clerk, to which petitioner could have been appointed being fully eligible in accordance with the R& P Rules, was lying vacant between the date of the petitioner's application and his appointment. The said post is still lying vacant. This Court, vide judgment dated 16.6.2012 passed in CWP No. 6180/2011 titled as Vikas Kumar Sharma versus The State of Himachal Pradesh and another, in similar circumstances, has held that application for compassionate appointment is to be considered for the posts which are lying vacant and for which the applicant is fully eligible. Consequently, present petition is allowed with a direction to consider the petitioner's case for appointment on compassionate basis for the post of Clerk, in accordance with R&P Rules. Such appointment shall be with effect from the date when he was appointed as a Fresh. Petitioner undertakes not to claim benefits of pay and emoluments, and seniority over and above the persons who stood appointed after the date of his appointment as a Fresh.

(2.) CONSEQUENTIAL actions shall be taken within a period of three months from the date of production of certified copy of the order.