OM PRAKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The case of the petitioner is that his father, who was serving as Beldar with the respondent-department, died in harness on 1/4/2016. The petitioner applied for appointment on compassionate grounds post death of his father on 16/8/2017.

(2.) Mr. Daleep Chand, learned Counsel for the petitioner has argued that the rejection of the case of the petitioner by the respondent-Department is not sustainable in law as the department has erred in not appreciating that the case of the petitioner for compassionate appointment had to be considered on the touchstone of the policy which was prevalent in this regard as on the date when father of the petitioner died and not on the basis of subsequent policy/instructions which came into existence in the year 2019. Learned Counsel has also argued that in terms of previous policy and instructions, i.e. office memorandum dtd. 24/2/2016, issued by the Finance Department of the Government of Himachal Pradesh, there was power conferred upon the concerned Administrative Secretary to grant relaxation in educational qualification in cases it deemed appropriate to do so. Accordingly, a prayer has been made by the petitioner for quashing of the impugned order and issuance of direction to the respondent-department to appoint the petitioner as a Beldar on compassionate grounds.

(3.) The petition stands opposed by the State inter alia on the ground that the right of appointment on compassionate basis is a concession and not a right and same is always subject to availability of sanctioned posts. It is further the stand of the State that as the petitioner was not fulfilling the minimum educational qualification for being considered for appointment as Beldar/ Class-IV employee, therefore, his case was rightly rejected by the department.