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2026 DAILYLAW 12430 (HP)

STATE OF HP AND OTHERS v. HAPPY KUMAR

CMP.M/862/2026 · 2026-06-18

Bipin Chander Negi, Gurmeet Singh Sandhawalia

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMP(M) No. 862 of 2026 in LPA No. 363 of 2026 Decided on : 18.06.2026 State of H.P. and others ...Appellants Versus Happy Kumar …Respondent. Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the appellants : Mr. Sidharth Jalta, Deputy Advocate General. For the respondent : Mr. Shrawan Dogra, Sr. Advocate, with Ms. Bhanvi Negi, Advocate. G.S. Sandhawalia, Chief Justice (Oral) CMP(M) No. 862 of 2026 Keeping in view the averments made in the application, duly supported by the affidavit of the official, delay of 246 days in filing the appeal is condoned. The application stands disposed of. LPA No.363 of 2026 Learned Single Judge has only directed consideration of the case of the petitioner for compassionate employment after quashing the order dated 16th May, 2023, whereby a direction had 1Whether the reporters of the local papers may be allowed to see the Judgment? Yes -2- been issued that already rejected cases may not be processed again by the Engineer-in-Chief. The learned Single Judge found that the employee had died on 28th September, 2014 while working as a Baildar on a regular basis with the appellant-department and the petitioner was a minor at that time. The case for employment assistance of the mother of the petitioner was rejected on 27th July, 2021 after an inordinate delay. Thereafter, the son had applied for compassionate employment after attaining age of majority. Apparently, on account of the fact that the order dated 16th May, 2023 had been passed by the Engineer-in-Chief not to process the rejected cases, the writ petition was allowed. Thus, the grouse of the petitioner was only that his case had not been considered on merits and could not be considered covered by the rejection of the case of the other legal heirs. 2. In such circumstances, we are of the considered opinion that only an innocuous order has been passed by the learned Single Judge directing consideration of the case of the writ petitioner on merits and, therefore, we do not find any plausible reason, as such, to interfere with the well-reasoned order passed by the learned Single Judge. 3. Keeping in view the fact that the order was passed way back on 29th May, 2025, we deem it fit that the appellant-department shall necessarily comply with the said order within a period of two -3- months from today. Accordingly, the appeal is dismissed, so also, the pending miscellaneous applications, if any. (G.S. Sandhawalia) Chief Justice (Bipin Chander Negi) Judge 18th June, 2026 (Tarun Singh)