IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWPOA No.7429 of 2020 Decided on: 03.09.2026 _______________________________________________________________ Harbans Lal ....Petitioner Versus Himachal Pradesh State Electricity Board Ltd. and another. ....Respondents Coram; Hon’ble Mr. Justice Ranjan Sharma, Judge 1Whether approved for reporting? No For the petitioner: Mr. Neel Kamal Sharma, Advocate. For the respondents: Ms. Sunita Sharma, Senior Advocate, with Ms Manisha Kumari, Advocate. Ranjan Sharma, Judge Petitioner, Harbans Lal, filed an Original Application ([M] 100 of 2019 before Learned State Administrative Tribunal and upon its abolition, the matter stands transferred to this Court as CWPOA No. 7429 of 2020, seeking the following relief(s): “ (i) Respondent may kindly be directed to produce the entire record of the case of the applicant regarding his application/request for his appointment on compassionate ground under Employment Assistant Scheme” in HPSEB Ltd. (ii) The respondent be also directed to 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 ( 2026:HHC:37613 ) consider the case of the applicant afresh as per the rules and dispose of the same with a speaking order, explaining the delay of 10 years.” FACTUAL MATRIX: 2. Case as set up by Learned Counsel is that the petitioner is seeking compassionate appointment upon death of his father late Sh. Jagdish Chand, who died while working as an Assistant Engineer on 19.07.2008 on account of the accident of a departmental vehicle in which his father was travelling. It is averred that the petitioner applied for the post of Clerk in accordance with the then prevailing ‘Employment Assistance Scheme’. It is averred that the case of the petitioner was forwarded by the Departmental Authorities to Secretary of the Board on 09.01.2009. It is averred that on 06.03.2009, after removal of objections his case was again recommended by Chairman Engineer, (PCA), for post of Clerk (Class-III) and since 06.03.2009 claim of the petitioner remained pending with the Respondent-Board, when, the “New Employment Assistance Scheme” was issued by Respondent-Board on 07.03.2019. 2(i). It is averred that while the claim of the petitioner for Employment Assistance was pending, the Respondent- Board filed an Compliance Affidavit dated 20.08.2025, 3 ( 2026:HHC:37613 ) revealing the updated sequences of events. 2(ii). Affidavit reveals that consequent upon the issuance of New Policy-Scheme for Employment Assistance on 07.03.2019 and change in eligibility conditions in the Recruitment and Promotion Regulations for post of Clerk, the Respondent-Board took a decision on 06.03.2022 [Annexure A-1], that the candidates who had earlier applied for Class-III/Class-IV posts under the earlier policy may be asked to give consent/willingness to be considered for the post of Class-IV (Non-Technical) posts under New Policy. Affidavit indicates that on 06.03.2022 [Annexure A-1 of Page 213], the petitioner was asked to exercise his option, and the petitioner has accordingly exercised his option on 10.03.2022 [Annexure B-1, Colly or Page 213] for considering his case for appointment to Class-IV [Non-Technical Posts], instead of Clerk [Class-III], for which he had originally applied on 23.10.2008 but was presently ineligible for post of Clerk. 2(iii). Compliance affidavit further indicates that on 30.03.2022 [Annexure C-1 at Page 219], the State Government granted relaxation in ceiling-limit of 5%, while making appointment to Class-IV posts for compassionate grounds and this relaxation was extended thereafter, which 4 ( 2026:HHC:37613 ) was adopted by the Respondent-Board. STATEMENT BY LEARNED COUNSEL FOR PETITIONER: 3. Learned Counsel for the petitioner, on Instructions and the material on record including the Compliance Affidavit dated 20.08.2025, submits that since the petitioner has exercised his option on 10.03.2022 for considering his case for appointment to Class-IV [Non-Technical Posts] instead of post of Clerk [Class-III] for which he had originally applied, but came out to be ineligible due to the prescription of changed educational other qualifications, therefore, Learned Counsel submits that petitioner shall be satisfied, in case, the Respondent-Board is directed to consider/examine his case for compassionate employment in terms of option dated 10.03.2022 [Annexure B-1, Colly] under the applicable Employment Assistant Scheme-Policy in a time-bound manner [Statement Taken on Record]. 4. Learned Senior Counsel for Respondent-Board submits that since the petitioner has exercised an option on 10.03.2022 [Annexure B-1, Colly], therefore, the Respondent-Board shall consider the claim of the petitioner 5 ( 2026:HHC:37613 ) for appointment to Class-IV [Non-Technical Posts], subject to eligibility and fulfillment of other terms and conditions contained in the existing “Employment Assistant Scheme” dated 07.03.2019 as amended from time to time, as applicable, in accordance with law. DIRECTIONS: 5. In view of above discussion and leaving all questions open and in view of the Statement made by Learned Counsel for the petitioner, as aforesaid, this Court disposes of the instant petition, in the following terms: i) Respondent-Board shall consider/examine the claim of the petitioner for appointment to Class-IV [Non-Technical Posts] on compassionate grounds, as per the option exercised by the petitioner on 10.03.2022 [Annexure B-1, Colly] [in case not already decided and decision conveyed] within six weeks from today; ii) Upon consideration, in case the petitioner is found eligible and entitled for appointment to Class-IV [Non-Technical Posts], Respondent-Board shall take con- sequential action within next six weeks thereafter; iii) Sequel to directions (i) & (ii) above, the appointment, if granted, shall have prospective effect only; 6 ( 2026:HHC:37613 ) iv) Needless to say that this Court has not adjudicated the matter on merits, which shall be examined/considered by the Respondent-Board hereinafter, in accordance with law; v) Parties to bear respective costs. In aforesaid terms, the writ petition and all pending miscellaneous applications, if any, shall stand disposed of, accordingly. (Ranjan Sharma) Judge September, 3 2026 (Anita)