Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8778 of 2023
Date of decision: 15.07.2025 Manoj Kumar.
...Petitioner.
Versus State of H.P. & Ors.
...Respondents.
Coram: Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1 For the petitioner : Mr. Angrez Kapoor, Advocate.
For the respondents : Ms. Leena Guleria, Deputy Advocate General.
Jyotsna Rewal Dua, Judge
Heard for some time. The respondents have opposed petitioner’s claim for compassionate employment on contractual basis, inter alia, on the ground that the petitioner’s father had died while serving the respondent- Department as a daily-wager and therefore, petitioner was justly appointed on compassionate grounds on daily wage basis under the applicable policy. However, learned counsel for the petitioner has pointed out Annexure P-1 dated 13.09.2012, a regularization
order issued by the respondents regularizing the services of the petitioner’s father, which according to the respondents, was deemed to have been withdrawn, as it was issued after his death. The
1 Whether reporters of Local Papers may be allowed to see the judgment? Yes
respondents have also raised certain other objections to the petitioner’s claim, including delay, laches, and acquiescence.
2.
At this stage, learned counsel for the petitioner submits that petitioner has instituted CWP No.3910 of 2024 seeking retrospective regularization of services of his late father. Learned counsel for the petitioner submits that the petitioner be permitted to withdraw this writ petition with liberty to file fresh petition in accordance with law at an appropriate stage, more particularly after the decision in CWP No.3910 of 2024. Prayer is not opposed by the respondents, subject to keeping their defense open.
In view of above, this writ petition is dismissed as withdrawn with liberty as prayed for. All contentions of the parties are left open. Pending miscellaneous application(s), if any, shall also stand disposed of.
Jyotsna Rewal Dua 15th July, 2025
Judge (Pardeep)