IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 17948/2025 Decided on: 19.11.2025 Nitasha Kumari …Petitioner Versus State of H.P.& Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Kuldeep Chand Thakur, Advocate. For the respondents: Mr. L.N. Sharma, Additional Advocate General, for respondent No.1. Ms. Sunita Sharma, Sr. Advocate with Ms. Meenakshi, Advocate. Jyotsna Rewal Dua, J Heard. 2. The case pleaded by the petitioner is that:- Her father was serving as Senior Assistant in the respondents-State Electricity Board; He died in harness on 21.03.2007, leaving behind his minor daughter (present petitioner), minor son and wife (Smt. Pinki Devi); Petitioner applied for employment on compassionate ground in the year 2008 as she had passed matriculation in March, 2005, 10+2 examination in March, 2007. Petitioner is now stated to be in a 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 possession of B.A. Degree, Post Graduate Diploma in Computer Application and also Master of Science in Information Technology. Petitioner’s marriage was solemnized in the year 2015. Petitioner’s grievance is that her application for compassionate employment assistance remained pending with the respondents and was eventually rejected on 31.03.2023 (Annexure P-4) solely on the ground of her being a married daughter of deceased employee. 2. Petitioner has laid challenge to the rejection of her employment assistance case by placing reliance upon Mamta Devi vs. State of H.P. & Ors.2, relevant part of which reads as under: - “23. In the instant case, in case the petitioner is not given compassionate appointment, who has to take care of her widowed mother and sister, if she is otherwise eligible and she fulfils the apt criteria, the whole family will be pushed to impoverishment, vitiating the real aim of the compassionate employment policy. 24. Therefore, this Court is of the considered view that in the instant case, the compassionate employment policy requires a generous application, keeping in view the peculiar facts and circumstances viz., the deceased employee has left behind his widow and two daughters; the petitioner being the elder daughter, has to look-after her widowed mother and sister, coupled with the fact that they have given their ‘No Objection Certificates’ in favour of the petitioner. 25. So, in view of the foregoing discussion, the object of the compassionate employment policy would only be met in case the petitioner is given compassionate appointment, if she otherwise fulfills other required eligibility criteria under the policy for 2 CWP No. 3100/2020 decided on 28.10.2020 3 compassionate appointment to the dependents of the deceased employee.” In terms of the above, a married daughter cannot be denied compassionate employment only on the ground of her being married, however, it has to be examined whether she is still looking after her parental family and also whether her parental family has no objection to her employment on compassionate ground. 4. In the instant case, apart from petitioner, the deceased was also survived by a minor son stated to be six years old at the time of the death of his father. Eighteen years have gone by, he has also attained the age of majority. The petitioner neither has placed on record any No Objection Certificate from her brother & mother for providing compassionate employment to her nor impleaded them in the writ petition. In the given facts and circumstances, the prayer for compassionate employment of the petitioner and her challenge to the impugned order cannot be sustained. 5. Confronted with above, learned counsel for the petitioner sought permission to withdraw the present petition with liberty to file afresh, in accordance with law, after incorporating proper pleadings, reliefs and with impleadment of necessary parties. 4 Granting such permission, the present petition is dismissed as withdrawn. Pending miscellaneous applications, if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 18th November, 2025(rohit)