IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 19885 of 2025. Decided on : 9 th July , 2026. Nitesh Kumar ...Petitioner. Versus State of H.P. & Ors. ....Respondents. Coram: The Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Sarthak Upadhyay, Advocate. For the respondents: Mr. Rahul Thakur, Deputy Advocate General. Ajay Mohan Goel, Judge (Oral). By way of present petition, the petitioner has inter alia prayed for following reliefs:- (i) That a Writ in the nature of Certiorari may kindly be issued, thereby quashing and setting aside the decision of Screening Committee contained in the file notings/proceedings ( part of Annexure P-5) and the resultant communication dated 16.09.2019 (Annexure P-3), rejecting the petitioner’s application for compassionate appointment on the ground of failure to meet the financial/income criteria. (ii) That a Wring in the nature of Mandamus may kindly be issued, directing the Respondents to reconsider the grievance of the petitioner, expeditiously, strictly in accordance with the compassionate appointment policy in vogue on the date of death of his father, i.e. on 22.07.2018, and not the subsequent revised policy of 07.03.2019.” 1 Whether reporters of the local papers may be allowed to see the judgment? 2. When this case was taken up for consideration today, the learned counsel for the petitioner submitted that the Finance Department, Government of Himachal Pradesh has issued an office memorandum, dated 01.07.2026 on the subject “Various issue(s) related to ‘Compassionate Employment Policy of the Government’- Latest Instruction(s) thereof”, relevant portion whereof reads as under:- “i) The indigency of each such rejected case has to be ascertained afresh, on the date of consideration (i.e. date on which such request is received afresh in the Department concerned) vis-à-vis the present prevailing policy of the Government with regard to their indigent circumstances by the respective Administrative Department(s) within a limited period of six months i. e. upto 31st December, 2026 only along-with relaxation in 5% ceiling on direct recruitment quota post(s) in the category against which such appointment(s), if deemed fit in all respect(s), are to be made in the respective Department(s), through Directorate of Recruitment in Personnel Department in case of Class-III [Job Trainee Junior Office Assistant (IT)] posts while Class-IV/MTW posts shall be filled up strictly as per the 'Common MTW (Multi Task Worker) Policy of the Government; ii) As a sequel to it, an application to re-consider/re-examine their case(s) afresh shall be submitted to the concerned Head(s) of Department(s) by the eligible dependent(s) before 31.12.2026 positively, who will decide his/her case within one …2… month from date of receipt of their request/application. In no case, such request/application shall be entertained beyond the prescribed date ibid, whatsoever the reason(s) may be; iii) The eligibility of each such case/applicant be ensured strictly as per the provision(s) of the R & P Rule(s) framed for the post(s) for which they are to be considered vis-à-vis the policy of the Government, in vogue, by the Department(s), without any further relaxation therein; iv) It is clarified that, under this one-time measure, only those compassionate employment cases which were earlier rejected solely on the ground of want of indigency shall be re- considered/re-examined, strictly on the basis of the indigent circumstances prevailing on the date of fresh consideration in terms of this Office Memorandum and no case rejected on any other ground shall be re-opened byany Department; and, v) All such case(s) if found fit for compassionate employment in all respects, the approval of the Hon'ble Chief Minister be obtained before Issuing formal appointment letter(s) to the eligible dependent(s), by the respective Department(s) on their departmental file(s).” 3. Learned counsel for the petitioner submitted that in terms of aforesaid office memorandum, the State Government is reviewing all the cases wherein the request for appointment on compassionate ground stood rejected. He further submitted that the respondents-State be directed to re-examine the case of the petitioner for appointment on compassionate ground in terms of the aforesaid memorandum. …3… 4. Learned Deputy Advocate General submitted that the case of the petitioner shall be re-examined strictly in terms of the contents of the aforesaid office memorandum dated 01.07.2026. His statement is taken on record. 5. Accordingly, this petition is disposed of with direction to the respondents to re-consider the case of the petitioner for compassionate appointment in light of the office memorandum dated 01.07.2026. It is clarified that earlier rejection of the case of the petitioner shall not come in the way of the Authorities to take a fresh decision. Pending applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge 9th July, 2026. (jai) …4…