1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5548 of 2024 Date of decision: 08.07.2025 Manohar Lal. ...Petitioner. Versus Himachal Pradesh State Electricity Board Ltd. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Jeevan Kumar, Advocate. For the respondents : Ms. Sunita Sharma, Senior Advocate with Mr. Dhanjay Sharma and Mr. Sunder Kumar, Advocates. Jyotsna Rewal Dua, Judge Petitioner is aggrieved against the decision of respondent-HPSEBL in not considering his employment assistance case on the ground of same having been moved 5 years after the death of his father and thus, beyond the period prescribed in Clause 8 (sic Clause 9) of the Employment Assistant Policy dated 07.03.2019. 2. Heard learned counsel for the parties and considered the case file. 3(i). Petitioner’s father, Sh. Om Prakash, was serving as Lineman in the respondent-Board. He died in harness on -2- 05.05.2017. Family pension was sanctioned in favour of petitioner’s mother, Smt. Geeta Devi. The family pensioner (Smt. Geeta Devi) also died on 14.09.2019. 3(ii). Petitioner applied for compassionate employment on 30.04.2022. His application was received in the office of respondent-Board on 04.05.2022. On 14.07.2022, the respondents informed the petitioner that his case has been rejected on the ground of having been submitted after lapse of 5 years. In view of Clause 8 (sic Clause 9) of the Employment Assistant Policy dated 07.03.2019, the application was beyond the prescribed period of four years from the date of death of Government servant. 4. Clause 9 of the Employment Assistance Policy dated 07.03.2019 gives the time limit for submission of application for compassionate appointment as under:- “9) TIME LIMIT FOR SUBMISSION OF APPLICATIONS FOR COMPASSIONATE APPOINTMENT : Requests for grant of employment assistance should be received in the Department concerned within four years of the death of the Government servant/retirement on medical grounds as applicable. In case where none of the sons/daughter of the deceased Government servant have attained majority (age of 18 years) at the time of the death of the Government servant, the time limit for receipt of request for employment assistance in department concerned will be attained of 22 years by the eldest son/un-married daughter.” -3- In terms of the aforesaid Clause, application for employment assistance should be received in the concerned department within 4 years of death of the Government servant. In case where the son/daughter of the deceased Government servant attained age of majority (18 years) after the death of the Government servant, the time limit for receipt of request for employment assistance would be attainment of age of 22 years by the eldest son/unmarried daughter. 4(i). Admittedly, petitioner was major at the time of death of his father. Learned counsel for the petitioner urged that in view of the order passed by the Hon’ble Apex Court on 10.01.2022 in Suo Moto Writ Petition (C) No.3 of 2020 (In Re: Cognizance for extension of limitation), pertaining to extension of limitation due to outbreak of COVID-19 pandemic, the period from 15.03.2020 till 28.02.2022 has been excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings. Learned counsel for the petitioner submitted that the benefit of the aforesaid order is also required to be extended to the petitioner and in case this benefit is extended, petitioner’s application for -4- employment assistance preferred on 30.04.2022 would then be within 4 years period prescribed under Clause 9 of the Employment Assistance Policy dated 07.03.2019. 4(ii). Learned Senior Counsel for the respondents submits that the aforesaid order has applicability only for judicial or quasi-judicial proceedings. The time for applying for compassionate employment in terms of the Policy dated 07.03.2019 cannot be extended under the aforesaid order. 5. It is matter of record that under order passed by the Hon’ble Apex Court on 10.01.2022 in Re: Cognizance for extension of limitation, pertaining to extension of limitation due to outbreak of COVID-19 pandemic, the period from 15.03.2020 till 28.02.2022 stands excluded for the purposes of limitation as prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings. Once the period from 15.03.2020 till 28.02.2022 has been excluded in cases where statutory limitation period was prevailing, the same can also be extended for the purpose of applying for compassionate appointments. In fact, this was also the purport of order dated 23.03.2020 passed by Hon’ble Apex Court in the aforesaid matter. The respondents -5- have rejected the case of the petitioner being barred by 1 year in terms of Clause 9 of the Employment Assistance Policy dated 07.03.2019. The office memorandum dated 07.03.2019 is not a statutory policy of the respondents, it is a policy framed in furtherance of benevolent object for providing employment assistance in deserving cases. In the given facts of the case, where petitioner not only lost his father on 05.05.2017 but he lost also his mother (family pensioner) on 14.09.2019, in my considered view, the directions of the Hon’ble Apex Court dated 10.01.2022 in Re: Cognizance for extension of limitation, deserve to be extended to the case of the petitioner for computation of limitation period in applying for employment assistance. This writ petition is accordingly allowed. The impugned order dated 14.07.2022 (Annexure P-3) passed by the respondents rejecting petitioner’s case of employment assistance on the ground of his having applied 1 year after the prescribed limit, is quashed and set aside. Respondents are directed to consider the application of the petitioner seeking employment assistance as preferred within the period prescribed in the policy and to consider the same on merits in accordance with law within eight weeks. -6- The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua 8th July, 2025 Judge (Pardeep)