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High Court of Himachal Pradesh · body

2023 DAILYLAW 641 (HP)

SANJAY KUMAR v. THE CHIEF SECRETARY (HOME) AND OTHERS

CWP/10676/2023 · 2026-01-01

Jyotsna Rewal Dua

body2023

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.10676 of 2023 Decided on: 01.01.2026 _________________________________________________________________ Sanjay Kumar ....Petitioner Versus The Chief Secretary and Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Subhash Chander, Advocate. For the respondents: Mr. Vishwadeep Sharma, Additional Advocate General. Jyotsna Rewal Dua, Judge The petitioner has prayed for compassionate employment in the respondent-Department. 2. The stand of the respondents is that petitioner had applied for compassionate employment against the post of Clerk due to his non-eligibility for the post of Constable; His case was dealt accordingly; The matter is as yet pending due to non-availability of post of Clerk under 5% quota meant for compassionate employment; As and when post will be available under 5% quota, the case of the petitioner would 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - be considered and examined by the Police Headquarter Level Committee as per applicable Compassionate Employment Policy and as per seniority. The relevant portions from the reply are as under:- “7. That in reply to the contents of para No.7 of the petition, it is submitted that the petitioner had applied for the post of Clerk due to non-eligibility of petitioner for the post of constable. Hence, the compassionate case of the petitioner was dealt accordingly. 8&9. That the contents of paras No. 8 & 9 of the petition are admitted being matter of record. However, it is pertinent to mention here that the case of the petitioner alongwith other 13 cases have been taken up with the Government of H.P. from time to time and attended to the observations made by the Government. Accordingly, the case of the petitioner was again received on 01-12-2020 vide Superintendent of Police, Chamba district office letter dated 18-11-2020, which is pending due to non-availability of the post of clerk under 5% quota. As and when post will be available under 5% quota the case of the petitioner will be considered/examined by the Police Headquarters level Committee meeting as per Government office memorandum dated 07-03-2019 and 01-11-2019 and case will be forwarded to the Government of H.P. as per seniority. The copy of Government office memorandum dated 07-03-2019 and 01-11-2019 are enclosed as Annexure R-l/Colly.” 3. Learned counsel for the petitioner submits that in view of the stand taken by the respondents for considering - 3 - the case of the petitioner on the availability of vacancy of post of Clerk under 5% quota, the present writ petition be closed at this stage, liberty however, be reserved to petitioner to seek redressal of his grievances, at an appropriate stage, in case necessity so arises in future. 4. Granting such liberty, the writ petition to stand disposed of taking note of the stand of the respondents in the reply. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge January 1, 2026 R.Atal