ARUN KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The writ petition has been filed for the grant of following substantive reliefs:-

(2.) The respondents in their reply have not disputed that the petitioner had applied for compassionate appointment in the year 2006. Stand of the respondents is as under:-

(3.) The respondents have rejected the case of the petitioner on 8/2/2021 by applying the revised policy of the year 2019. The course adopted by the respondents is not in consonance with the pronouncement of the Hon'ble Apex Court in 2022 (2) SCC 157 (state of Madhya Pradesh and others Vs. Ashish Awasthi and connected matter), wherein, it has been held that the cases for employment on compassionate ground are to be examined as per the policy prevalent at the time of death of the deceased employee and not subsequent policy. Hence, there shall be a direction to the respondents to examine the case of the petitioner in terms of the policy, which was applicable at the relevant time. This exercise be carried out in accordance with law, within six weeks from today. The decision so taken be also communicated to the petitioner.