Himachal Pradesh High Court
Harsh Sharma vs State Of Himachal Pradesh And Others on 4 September, 2020
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Ex. Petition No. 129 of 2020
.
Date of decision: 4.9.2020
Harsh Sharma. ...Petitioner.
Versus
State of Himachal Pradesh and others. ...Respondents.
Coram
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?1
For the Petitioner: Mr.V.D. Khidtta, Advocate, through Video
Conferencing.
For the Respondents: Mr.Raju Ram Rahi, Deputy Advocate
General, through Video Conferencing.
Vivek Singh Thakur, Judge (oral)
Learned Deputy Advocate General has placed on record instructions dated 1.9.2020 received from Director Ayurveda, Himachal Pradesh, relevant portion whereof reads as under:-
"In this context it is submitted that there were 30 No. of pending cases for providing employment under "compassionate employment policy", which includes the name of the petitioner also. It is further submitted that in order to assess the eligibility of applicants, a meeting of the committee constituted for considering the requests for appointment on compassionate grounds was convened on 21-8-2020.
On the recommendation of the committee constituted for providing employment under "Compassionate employment Policy" the H.P. Govt. has accorded approval for appointment on compassionate grounds to the post of Junior office Assistant (JOA)(IT) vide letter No. Ayur-B(15)-10/2020 dated 31-8-2020 for providing employment to 11 candidates in which the petitioner's name is also included.
Whether the reporters of the local papers may be allowed to see the Judgment? Yes ::: Downloaded on - 07/09/2020 20:18:24 :::HCHP 2 It is further submitted that the District Ayurvedic Officers have been directed vide letter dated 1-09-2020 to get the formalities completed within two weeks so that the .
candidates can be called for pre-typing test before offering the appointment as per the provisions of the Recruitment and Promotion Rules. (Copy of letter enclosed). The judgment dated 22-11-2017 passed in O.A. No. 7158/2016 has now been complied with in letter and spirit."
2. Along with instructions, a communication dated 1st September, 2020 has also been placed, wherein list of candidates, for whose appointment approval on compassionate ground has been accorded vide letter dated 31st August, 2020, has been mentioned and name of petitioner Harsh Sharma, for the post of Junior Office Assistant, is also mentioned at Sr. No. 5 in the said list. The approval for appointment is subject to certain conditions.
3. Order passed by the erstwhile Administrative Tribunal was very clear, wherein respondent-Department was directed to consider the case of the petitioner for grant of compassionate appointment, in terms of Office Memorandum dated 4th August, 2008, without loss of any further time, but in any case not later than 31st January, 2018.
4. There is delay in compliance of order of the Court and petitioner cannot be made to suffer for such delay, which is not on his part, rather respondent is liable for committing contempt on that count.
Therefore, petitioner should not suffer for delay and thus his case is to be considered on the basis of facts and circumstances prevailing at the time of submitting application or at the most as per Office Memorandum dated 4th August, 2008, as ordered by the erstwhile Tribunal.
5. With the aforesaid observations, by taking lenient view and ignoring delay in compliance, present Execution Petition is closed, with direction to the respondents that appointment of petitioner shall be made on ::: Downloaded on - 07/09/2020 20:18:24 :::HCHP 3 or before 5th October, 2020, subject to his fulfilling the conditions of offer of appointment but in the aforesaid terms.
6. It is again made clear that any parameters required to be .
considered in the offer of appointment, would be in terms of Office Memorandum dated 4th August, 2008. Needless to say, petitioner would be at liberty to file fresh petition for redressal of his grievances, if any still revive after 5th October, 2020.
(Vivek Singh Thakur), th 4 September, 2020 Judge.
(Keshav) r
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