Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.15033 of 2024 Date of Decision: 10.03.2025 _______________________________________________________ Sumna Devi
…….Petitioner
Versus
State of Himachal Pradesh & others
… Respondents _______________________________________________________
Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1
For the Petitioner: Mr. Hitesh Kumar, Advocate vice Mr. Amrick
Singh, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral):
By way of instant petition, petitioner has prayed for following main reliefs:-
“(i) Writ of mandamus may kindly be issued directing the respondent to consider the petitioner for granting employment assistance on compassionate grounds on account of the death of her husband while in service with the office of respondents, as per the policy of the State Government; (ii) That the impugned action on part of the respondents may kindly be declared null and void.”
1Whether the reporters of the local papers may be allowed to see the judgment? 2
2. Pursuant to the directions issued in terms of order dated 07.01.2025, learned Additional Advocate General has placed on record communication dated 04.03.2025, issued under the signatures of Director Higher Education, Himachal Pradesh, perusal whereof reveals that late husband of the petitioner was working as a Peon at Government Senior Secondary School, Sanjauli, District Shimla, Himachal Pradesh and died in harness on 15.09.2022. After the death of aforesaid employee, family pension at the rate of Rs.9000/- per month already stands sanctioned in favour of the petitioner by the Accountant General of Himachal Pradesh and as of today, petitioner is in the receipt of Rs. 12780/- as gross pension. Since by way of aforesaid communication, petitioner has been advised to submit fresh compassionate employment case alongwith all the requisite documents vide letter dated 07.02.2025, coupled with the fact that till date, prayer made on behalf of the petitioner for compassionate appointment on account of death of her husband has not been considered by the respondents, this Court sees no reason to entertain the present petition and accordingly, same is disposed of, reserving liberty to the petitioner to submit the application for compassionate appointment enclosing therewith all the relevant documents with the competent authority within a period of two weeks, which in turn, shall
3
be decided by the competent authority expeditiously, preferably within a period of six weeks.
Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioner and pass appropriate order taking note of the provision contained in the policy formulated by the Government of Himachal Pradesh for compassionate appointment prevalent at the time of death of the deceased employee. Liberty is reserved to the petitioner to file appropriate proceedings in appropriate Court of law, if she still remains aggrieved. Pending applications, if any, also stand
disposed of.
p
(Sandeep Sharma),
Judge March 10, 2025 (shankar)