Maheshwar Singh vs Anil Kumar Bahri

Sandeep Sharma, J

By way of instant contempt petition, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the respondent for having willfully and intentionally disobeyed directions contained in order dated 14.5.2018 passed by erstwhile Himachal Pradesh Administrative Tribunal in OA No. 2113 of 2018 titled Maheshwar Singh vs. State of Himachal Pradesh and others, whereby learned Tribunal below, while disposing of the aforesaid Original Application, directed the respondent/competent Authority to take further action in terms of letter dated 1.10.2016, whereby case of the petitioner for grant of compassionate appointment, came to be recommended by Executive Engineer, Irrigation and Public Health, Outer Seraj, Ani, District Kullu, in accordance with law/rules. Since no action, whatsoever, came to be taken by the respondent in terms of aforesaid order, petitioner has approached this Court in the instant proceedings.

Having heard learned counsel for the parties and perused the material available on record especially the reply filed by the respondent, this Court finds that though case of the petitioner for appointment on compassionate grounds stands recommended by Public Works Department, but final decision in the matter is to be taken at Government level. During proceedings of the case, learned Additional Advocate General made available communication dated 21.7.2020 sent to the office of learned Advocate General by Engineer-in-Chief, perusal whereof reveals that the case of the petitioner has been examined at Government level in terms of Rules/Policy circulated on 7.3.2019, for providing compassionate appointment. Aforesaid policy provides that compassionate appointments will be made upto a maximum of 5% of vacancies under direct recruitment quota in Class III and Class IV posts. Committee constituted for considering recommendations for appointment on compassionate grounds has found the case of the petitioner to be fit but since quota of 5% meant for compassionate appointment has been exhausted completely and seniority from the year 2004 has been exhausted, petitioner would be offered appointment subject to vacancy under 5% quota of direct recruitment and the seniority of the petitioner would be counted from 8.2.2009 i.e. date of death of deceased Government employee.

Since case of the petitioner stands recommended for appointment on compassionate grounds by the concerned quarters, in terms of order alleged to have been violated, this Court sees no reason to keep the present petition alive and same is accordingly disposed of. Notices issued to the respondents are discharged. Liberty is reserved to the petitioner to file appropriate proceedings in appropriate court of law, if he still remains aggrieved.