Mohit Chauhan versus State of Himachal Pradesh & Another CWPOA No.835 of 2019 27.10.2025. Present: Mr. Adarsh K. Vashista, Advocate, for the petitioner. Mr. Hemant K. Verma, Deputy Advocate General, for the respondents-State. CMP(T) No.561 of 2025 In view of the averments made in the application, the present application for early hearing is allowed. The application stands disposed of. CWPOA No.835 of 2019 Factual matrix is that the petitioner’s father died during service, while working as a driver under the respondents on 24.04.2005. The petitioner being eligible applied for compassionate appointment for the post of Clerk in accordance with the Policy of Compassionate Appointment in force at the relevant time. It is submitted that the Principal Secretary [Health] gave its approval on 17.06.2006 [Annexure P-2] for offering appointment to the petitioner as Clerk, purely on contract basis and resultantly the petitioner was appointed as Clerk on contract basis on 05.07.2006 [Annexure P- 3] and in pursuance of the Appointment Orders the petitioner had joined his post of Clerk on contract basis. On the other hand, one Shri Abhey Dod was given appointment on the post of Clerk on regular basis in same department, after due approval of Principal Secretary [Health] to the Government dated 07.06.2006 [Annexure P-4] and pursuant to such approval aforesaid Shri Abhey Dod was given appointment as Clerk on regular basis on 21.06.2006 [Annexure P-5]. 2. In above backdrop, the grievance of the petitioner is that the Respondents-State Authorities have applied two different yardsticks; firstly, by giving approval and in offering appointment to the petitioner on post of Clerk on contract basis on 17.06.2006 [Annexure P-2] leading to appointment on 05.07.2006 [Annexure P-3], whereas, in case of another similarly placed incumbent namely Abhey Dod, the State Authorities have granted approval on 07.06.2006 [Annexure P-4] and resultant appointment on 21.06.2006 [Annexure P-5] on regular basis, which was submitted to be discriminatory and dehors the Recruitment & Promotion Rules for post of Clerk and the Policy of Compassionate Appointment, in view of the fact that the Recruitment & Promotion Rules of Clerk only recognized regular mode of recruitment and therefore, the appointment given to the petitioner on contract was contrary to Rules and thereafter, the same needs to be amended/rectified to regular appointment as given to a similar incumbent, namely Abhey Dod in the year 2006. 3. 3. Before proceeding further, this Court directs the State Authorities to place on record the Recruitment & Promotion Rules and Policy of Compassionate Appointment for the post of Clerk which were in force at the time in 2006 [i.e. date of granting approval and resultant appointment] to petitioner as well as another incumbent Abhey Dod. 4. Let Supplementary Affidavit be filed within two weeks, positively. List the matter on 10.11.2025. (Ranjan Sharma) October 27, 2025 Judge [Shivender]