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2026 DAILYLAW 1834 (HP)

CHANDAN v. STATE OF HP AND OTHERS

CWP/8808/2024 · 2026-04-09

Ajay Mohan Goel

body2026

Judgment text

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2026:HHC:11404 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8808 of 2024 Decided on: 09.04.2026 Chandan … Petitioner Versus State of Himachal Pradesh and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner: Mr. Rocky, Advocate, vice Mr. Devender K.Sharma, Advocate. For the respondents: Mr. R.P. Singh, Deputy Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:- “a) writ of certiorari may kindly be issued whereby the impugned order date 1.1.2024 which is handed over to the petitioner vide letter dated 20.7.24 along with all previous orders under reference in the above mentioned order (annexure P-3) may kindly be quashed and set aside and be declared unconstitutional. b) A writ of mandamus may kindly be issued and the respondent department may kind be directed to consider the case of the petitioner for compassionate on the post peon or chowkidar for which is he is legally entitled with all consequential benefits in the interest of justice and fair play.” 2. Learned Counsel for the petitioner submits that the case of the petitioner for grant of compassionate appointment was rejected on the basis of income criteria by excluding the married 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:11404 daughters of the deceased-employee while deciding eligibility. Learned Counsel further submits that this issue has been put to res by this Court in CWPOA No.6065 of 2019, titled Sh. Rakesh Kumar Vs. State of Himachal Pradesh & others, decided on 02.06.2022, which judgment of this Court was upheld upto the Hon’ble Supreme Court of India. 3. As the respondents could not dispute this fact, therefore, as prayed for, this petition is disposed of with the direction that the orders under challenge, i.e. order dated 01.01.2024, which is handed over to the petitioner vide letter dated 20.07.2024 alongwith all previous orders under reference in the above mentioned order (Annexure P-3), are quashed and set aside and respondents are now directed to take a fresh call on the case of the petitioner for grant of compassionate appointment in terms of the law declared by this Court in CWP No.6065 of 2019 (supra) as upheld by the Hon’ble Supreme Court of India. Needful be done within six weeks from today. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge April 09, 2026 (Rishi)