Himachal Pradesh High Court
Anchla Kumari D/O Late Vidya vs State Of Himachal Pradesh & Others) on 9 September, 2022
Bench: Amjad Ahtesham Sayed, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 9th DAY OF SEPTEMBER, 2022 BEFORE HON'BLE MR. JUSTICE A.A. SAYED .
CHIEF JUSTICE & HON'BLE MS. JUSTICE JYOTSNA REWAL DUA CIVIL WRIT PETITION NO. 6048 of 2022. Between:
ANCHLA KUMARI D/O LATE VIDYA DEVI, W/O SH. RAVI DASS, R/O VILLAGE HALEL, POST OFFICE KANAID, TEHSIL SUNDERNAGAR, DISTRICT MANDI (H.P.).
...PETITIONER (BY MR. RAKESH KUMAR DOGRA, ADVOCATE.) AND
1. STATE OF HIMACHAL PRADESH THROUGH ITS PRINCIPAL SECRETARY (PWD) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-171002 (H.P.).
2. THE ENGINEER-IN-CHIEF, HIMACHAL PRADESH PUBLIC WORKS DEPARTMENT, SHIMLA 171001 (H.P.).
3. THE CHIEF ENGINEER (MANDI ZONE), HIMACHAL PRADESH PUBLIC WORKS DEPARTMENT, MANDI - 175001 (H.P.).
4. THE SUPERINTENDING ENGINEER, 1ST CIRCLE, HIMACHAL PRADESH PUBLIC WORKS DEPARTMENT, MANDI-175001 (H.P.).
5. EXECUTIVE ENGINEER, SUNDER NAGAR DIVISION, HIMACHAL PRADESH PUBLIC WORKS DEPARTMENT, SUNDER NAGAR, DISTRICT MANDI (H.P.).::: Downloaded on - 09/09/2022 20:03:43 :::CIS -2-
6. ASSISTANT ENGINEER, SUKET SUB DIVISION, HIMACHAL PRADESH PUBLIC WORKS DEPARTMENT, .
SUNDER NAGAR, DISTRICT MANDI (H.P.).
...RESPONDENTS
(BY MR. RANJAN SHARMA,
ADDITIONAL ADVOCATE
GENERAL)
____________________________________________________ This petition coming on for admission this day, Hon'ble Mr. Justice A.A. Sayed, passed the following:
r ORDER The petitioner is seeking compassionate appointment and had applied for the same after her mother died in harness on 04.04.2012. The application of the petitioner was rejected by an order dated 01.06.2022 only on the ground that the petitioner is a married daughter.
2. The Division Bench of this Court in the judgment dated 28.10.2020, passed in CWP No. 3100 of 2020 (Mamta Devi versus State of Himachal Pradesh & others), has considered the issue of compassionate appointment to daughters who are married. In Para-21 of the aforesaid judgment, the Division Bench has observed as under:
"21. As held above, the object of compassionate appointment is not only ::: Downloaded on - 09/09/2022 20:03:43 :::CIS -3- social welfare, but also to support the family of the deceased government servant, so, the State, being a welfare State, should extend its hands to lift a .
family from penury and not to turn its back to married daughters, rather pushing them to) penury. In case the State deprives compassionate appointment to a married daughter, who, after the death of the deceased employee, has to look after surviving family members, only for the reason that she is married, then the whole object of the policy is vitiated."
3. Pursuant thereto, the State Government has issued an Office Memorandum dated 18.05.2022, whereby it has been decided that married daughters are also to be considered for compassionate appointment, subject to the conditions stated therein.
4. A perusal of the impugned order dated 01.06.2022 shows that the application of the petitioner was rejected only on the ground that she is a married daughter. This is contrary to the judgment in Mamta Devi's case, supra as well as the Office Memorandum dated 18.05.2022.
5. In the circumstances, we set aside the impugned order dated 01.06.2022 and direct the respondents to consider ::: Downloaded on - 09/09/2022 20:03:43 :::CIS -4- the application of the petitioner for compassionate appointment afresh, keeping in view the judgment in Mamta Devi's case, supra as well as Office Memorandum dated 18.05.2022 and .
decide the same expeditiously and not later than eight weeks from today, subject to the petitioner making formal compliances, as may be required by the respondents.
6. The petition to stand disposed of accordingly.
Pending miscellaneous application(s), if any, also to stand disposed of.
r to
(A. A. Sayed)
Chief Justice
( Jyotsna Rewal Dua )
Judge
September 9, 2022
(hemlata)
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