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Smt. Kamla Devi vs The State of H.P. and Others

High Court Of Himachal Pradesh · Decided on 20 April 2011 · Citation: (2011) 04 SHI CK 0111

HON’BLE JUDGES
V.K. Sharma, J
RESULT
Dismissed
CASE NUMBER
CWP (T) No. 10089 of 2008
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Judgment

7 paragraphs · 336 words

V.K. Sharma, J.—The petition has been filed on the following prayer:

The Respondents may kindly be directed to decide the application of the Applicant for appointment on compassionate grounds.

2.

In reply, the Respondents have taken the following stand vide paras 3:

3.

That the present original application filed by the Applicant before this Hon''ble Tribunal is not maintainable because of the fact that the daughter of deceased Smt. Tara Devi is already in Government service hence, the claim of the Applicant for employment on compassionate grounds is not covered under the policy of the State government. The Applicant has no right to allege that the policy which debars the Applicant from appointment is arbitrary and illegal as the policy framed by the State Govt. Hold good in the eyes of law. Be it further submitted that the appointment on compassionate grounds can not be claimed as a matter of right and moreover one member of the deceased family is already in Govt. service. Therefore, the present original application deserves dismissal straightaway.

3.

Rejoinder, refuting the above stand on behalf of the Respondents and reiterating the averments set up in the petition, has been filed.

4.

In view of the above reply and particularly the fact that at the time of filing of the petition on 12.11.2002, the Petitioner was aged 44 years and has thus already crossed the age of 52 years, i.e., beyond the upper age limit for government employment, in case the Petitioner still has any surviving grievance with regard to the factual and legal position, she may certainly point out the same before Respondent No. 2/competent authority by way of appropriate representation alongwith copy of this judgment within one month from today, who shall consider the same and take a final decision in the matter in accordance with law within next two months, after affording an opportunity of being heard to the Petitioner, if so desired.

5.

The petition stands disposed of in the above terms, so also pending CMP(s), if any.