VIKRANT, SON OF LATE SH. SHER SINGH, R/O VILLAGE AND P.O. PANARSA, TEHSIL AUT Vs. STATE OF H.P. THROUGH SECRETARY (HEALTH) TO THE GOVERNMENT OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner has approached this Court praying for an appropriate writ, order or direction against the respondents calling upon them to provide employment to the petitioner on compassionate grounds in accordance with the policy prevailing at the time of the death of his father or in any event, on the date on which the application for employment on compassionate ground was first filed by the petitioner. It is undisputed that the father of the petitioner died in harness on 10th April, 2003 when he was serving as Junior Assistant in the office of the Chief Medical Officer, Kullu. Vide Annexure P -1, the case of the petitioner was sent for consideration by the Chief Medical Officer, Kullu to the Director Health Services. Again, another communication, Annexure P -2, has been addressed to the Director Health Services enclosing the particulars of the petitioner herein. Another communication dated 6.10.2007, Annexure P -3, was also sent to the Director of Health Services for considering the case of the petitioner. But it seems that the case of the petitioner has been kept pending by respondent Nos. 1 and 2 without even considering the claim of the petitioner in accordance with the policy.

(2.) LEARNED counsel appearing for the petitioner submits that vide communication, dated 12.3.2008, Annexure P -4, the Chief Medical Officer again reminded the Director of Health Services that the case of the petitioner had been forwarded on 18.9.2003, 5.7.2007 and 6.10.2007 after completing all formalities.

(3.) IT is also submitted by the learned Additional Advocate General that the case of the petitioner cannot be considered for the reason that at present, the State is only considering the case of widows and orphans. This submission requires to be rejected. The case of the petitioner has to be considered in accordance with the policy applicable at the time of the death of the father of the petitioner. I do not find anything on record to indicate/show that the petitioner has been remiss in submitting his application to the Chief Medical Officer who in turn has forwarded the same to the Director of Health Services. Why it has remained pending for a long period of time is not clear. It only shows bureaucratic lethargy. In these circumstances, this writ petition is allowed. A direction is issued to the respondents to consider the case of the petitioner in terms of the policy for appointment on compassionate grounds on the date of the death of the father of the petitioner or at any rate on the date when the application was first submitted vide Annexure P -1. The entire exercise be completed by the respondents within a period of two months from the date of production of a copy of this order. Writ petition stands disposed of. No order as to costs.