Roshan Lal vs State Of H.P. & Ors

Jyotsna Rewal Dua, J

Petitioner is seeking a direction to the respondents to consider his case for employment assistance on compassionate grounds within a time bound schedule.

Pleaded case of the petitioner is that:- His father was serving as Beldar in the respondent-Department on regular basis; He died in harness on 30.12.2007; Petitioner’s mother was not keeping good health and, as such, did not apply for the job; The petitioner applied for the post of Beldar on compassionate ground in the year 2008; His case was rejected; At that time, he was minor i.e. aged 15 years; On attaining the age of majority, petitioner in the year 2014 applied for the post of Beldar on compassionate grounds; No intimation was ever received by the petitioner from the respondents about the fate of his application; This compelled him to apply yet again to the respondents for employment assistance on compassionate grounds in the year 2022. Petitioner’s grievance is that till date he has not received any communication from the respondents about the fate of his application.

Leaned Deputy Advocate General has placed on record instructions memo dated 17.08.2023, from the Registrar, Office of Engineer-in-Chief, HPPWD, Shimla. These instructions are to the following effect:-

“…..in this regard, it is intimated that the Superintending engineer, 12th Circle HPPWD Nahan has forwarded the matter to this office for consideration of the case of the petitioner on compassionate grounds. The case of the petitioner is to be placed before the Department Screening Committee constituted by the Govt. and the same will be decided accordingly.”

It is very unfortunate that the petitioner’s application for employment on compassionate grounds has not been considered by the respondents even after passage of number of years. No communication whatsoever has been issued to the petitioner by the respondents about the fate of his application. Even now, the stand of the respondents is that petitioner’s case is to be placed before the Department Screening Committee constituted by the Government. No time-line has been indicated by the respondents for deciding the case of the petitioner.

In view of above, this writ petition is disposed of by directing the respondents to consider and decide the case of the petitioner for his employment on compassionate grounds in accordance with law within a period of six weeks from today. The decision be positively taken by 05.09.2023.

A copy of decision so taken be also communicated to the petitioner.

The pending miscellaneous application(s), if any, also stand disposed of.