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High Court of Himachal Pradesh · body

2025 DAILYLAW 34394 (HP)

RAJENDER KUMAR v. THE STATE OF HP AND OTHERS

CWP/15680/2025 · 2025-10-30

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 15680/2025 Decided on: 30.10.2025 Rajender Kumar …Petitioner Versus State of H.P. & Anr. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Shivalik Bhaik, Advocate, vice counsel. For the respondents: Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua, J. Heard. 2. Petitioner is presently aged 40 years. As per the case set up by the petitioner, his father Sh. Ram Das was serving as Helper in the respondents-Jal Shakti Vibhag; He passed away while in service on 09.07.2010; He was survived by his wife Smt. Vimla Devi and two sons including the present petitioner. 3. Admittedly, the petitioner for the first time represented for employment on compassionate ground on 16.06.2021. The said 1Whether reporters of the local papers may be allowed to see the judgment? yes 2 representation of the petitioner was rejected by the respondents on 23.11.2021 on the ground that “Request for grant of employment assistance should be received in the Department concerned within four years of the death of Government servant/retirement on medical grounds as applicable.” The petitioner, thereafter, made a fresh representation in July, 2025 (Annexure P-5). He, now, seeks decision by the respondents on his said fresh representation and also for quashing the order passed by the respondents on 23.11.2021, rejecting his first representation. 4. It is an admitted case of the petitioner that he had applied for employment on compassionate grounds nearly eleven years after the demise of his father, and that the said application of the petitioner seeking compassionate appointment was rejected on 23.11.2021 by the respondents on the ground of having not been preferred within the prescribed time frame. No ground for covering the delay & laches and also for not moving the respondents at the appropriate time for employment on compassionate ground, were urged. That being the position, no case is made out to set aside the order dated 23.11.2021 or to direct the respondents to consider the fresh representation of the petitioner preferred in July 2025, seeking employment on compassionate grounds. Accordingly, the present 3 petition fails and is dismissed. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge 30th October, 2025(rohit)