IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8724/2022 Decided on: 10.09.2026 Kamal Kishore …Petitioner Versus State of H.P. & Ors. .…Respondents. ……………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. A.K. Gupta, Advocate. For the respondents: Ms. Seema Sharma, Deputy Advocate General. Jyotsna Rewal Dua, J The respondents have rejected petitioner's case for appointment on compassionate ground vide office order dated 07.11.2022 (Annexure P-1). 2. Heard & considered the case file. 3. From the joint pleadings of the parties, it comes out that:- Petitioner's father, Sh. Kirat Ram, was engaged as a daily wage worker in the respondent-Irrigation & Public Health Department with effect from 15.05.1986. He served the respondent department till 20.11.1994. According to the respondents, petitioner's father had served intermittently during the above period and left the work on his own with effect from 20.11.1994. Petitioner's father passed away on 14.11.2001. Petitioner's mother, Smt. Gumani Devi, applied for appointment on compassionate 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 grounds. Her application was considered and rejected by the competent authority. Such rejection was conveyed to petitioner's mother on 02.12.2008 (Annexure R-1) Petitioner thereafter applied for appointment on compassionate grounds on 15.05.2022, i.e. almost 14 years from the date of rejection of the case of his mother. Apart from the aforesaid ground of the delay, the respondents have also taken the stand that petitioner's father did not have to his credit seven years of continuous service before his death, which is a pre-requisite for considering the cases of kith and kin of deceased daily wage workers for providing employment on compassionate grounds. The respondents have further taken the stand that the petitioner's father could not be construed to be on rolls of the respondent department on the date of his death; Petitioner's father had left the service of the respondent department on his own accord with effect from 20.11.1994 and passed away on 14.11.2001, therefore, he could not be considered to be an employee of the respondent department. 4. In view of grounds urged by the respondents viz. petitioner's father having left the job on his own accord on 20.11.1994, there is justification in respondents' plea that petitioner's father could not be deemed to be in employment of the respondent at the time of his death on 14.11.2001. Petitioner's case for employment on compassionate ground, therefore, was justly turned down. Petitioner has not been even refuted the above factual assertion made before the respondents in reply including the ground of delay on his part in staking claim of employment on compassionate grounds. 3 In view of above, I find no merit in the instant petition and the same is dismissed. Pending miscellaneous application(s), if any, shall also stand disposed of Jyotsna Rewal Dua Judge 10th September, 2026(rohit)