SUSHMA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner is wife of late Sh. Som Prakash. Her case is that late Sh. Som Prakash was working as Primary Assistant Teacher (PAT) with the respondent-Education Department. He served as such w.e.f. 5/6/2006, to 31/5/2019. He died in harness in a road accident on 1/6/2019. The petitioner, thereafter, applied for employment assistance on compassionate grounds. Her application was forwarded by the Block Elementary Education Officer Shillai, District Sirmour on 6/8/2019 to the Deputy Director, Elementary Education Nahan, District Sirmour, H.P. Alleging no action by the rspondents upon her representation, the petitioner instituted the present writ petition, seeking direction to the respondents to consider her case for compassionate employment within a time bound manner.

(2.) Upon notice being issued, the respondents have placed on record instructions memo dtd. 11/8/2023, issued from the Directorate of Elementary Education, Himachal Pradesh. Relevant portion whereof reads as under: -

(3.) Heard. The respondents have rejected the case of the petitioner for employment on compassionate grounds primarily on two counts. Firstly, that the petitioner did not apply on the requisite format. She had applied only on a single paper. Second ground taken is that the petitioner's late husband was working as PAT. Legal heirs of teachers appointed as Primary Assistant Teacher (PAT), Vidya Upasak and Para-Teachers have not been included in the policy for appointment on compassionate ground as circulated by the Government vide notification dated 7. 03.2019.