IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA COPC No. 566 of 2024 Decided on: 7th March, 2025 _________________________________________________________________ Inderjeet ....Petitioner Versus Aman Deep Garg & Ors …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Ms. Tammana Sharma, Advocate vice Mr. Arush Matlotia, Advocate. For the respondents: Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua, Judge Following order was passed in the matter on 31.12.2024:- “Civil Writ Petition No. 1547 of 2020 was decided on 28.11.2023. As per the decision, the impugned order dated 09.03.2016 was quashed and set aside, with a further direction to the respondents to consider the case of the petitioner for compassionate appointment based on the policy prevailing at the time of submission of the application. The necessary action was to be 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - completed by 31.01.2024. 2. On 03.01.2024, the Executive Engineer, Dalhousie Division, HPPWD Dalhousie, recommended approving petitioner's case for engaging him as a daily waged Chowkidar on compassionate grounds. Since the judgment was not implemented by the respondents, the petitioner initiated contempt proceedings. 3. Notice in this petition was waived for the respondents on 24.09.2024. While the respondents have not filed a reply or compliance affidavit, during the course of the hearing today, the learned Deputy Advocate General placed on record instructions dated 30.12.2024 from the Additional Secretary (Public Works) to the Government of Himachal Pradesh. Based on these instructions, it was submitted that the petitioner's case has been recommended by the Departmental Screening Committee for appointment on compassionate grounds as a Chowkidar (Class- IV), subject to the availability of a vacancy within the 5% quota meant for compassionate appointments. 4. It was further submitted that the matter has been examined in consultation with the Finance Department and has been processed for approval of the competent authority. The learned Deputy Advocate General prayed for taking up the matter after three weeks to place on record the decision taken by the competent authority. List after three weeks.” 2. In compliance to the above order, during the course of hearing on 05.03.2025, learned Deputy Advocate - 3 - General had placed on record instructions memo dated 04.02.2025, from the Registrar, HPPWD, Shimla. Relevant portion of the instructions memo reads as under: - “Your kind attention is invited towards the subject cited matter and the direction passed by the Hon'ble High Court on 31-12-2024. In this regard, it is submitted that the Govt. vide letter dated 09-01-2025 (copy enclosed) conveyed the approval in favour of the petitioner who has been found eligible by the department screening committee to provide employment on compassionate grounds as chowkidar (Class-IV) in order of seniority on daily wage basis subject to availability of vacancy under 5% quota meant for compassionate appointment and completion of all codal formalities. As soon as any post fall vacant in the said category, the appointment will be offered to the petitioner on his turn as per the seniority list.” 3. Since the respondents have now expressed that they intend to provide employment to the petitioner on compassionate grounds as Chowkidar (Class-IV) in order of seniority on daily wage basis subject to availability of vacancy under 5% quota meant for compassionate appointment and completion of all codal formalities and have further undertaken that as soon as any post falls vacant in the said category, appointment will be offered to the petitioner on his - 4 - turn, as per the seniority list, learned counsel for the petitioner submits that the directions issued in the judgment now stands complied. 4. In view of above, contempt proceedings are closed. Notices issued to the respondents are discharged. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge March 7, 2025 R.Atal