Extracted from the PDF above. The PDF is authoritative.
( 2026:HHC:17114 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWPIL No. 26 of 2026
Decided on : 13.05.2026 Sahil Sharma
...Petitioner Versus State of H.P. and others
…Respondents. 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 petitioner: Mr. Mohar Singh, Advocate.
For the respondents : Mr. Varun Chandel, Additional Advocate General.
G.S. Sandhawalia, Chief Justice (Oral)
The present Public Interest Litigation raises challenge to the appointment of respondent No. 4, as Secretary at Swana Cooperative Agriculture Service Society limited. A perusal of the
order dated 05.09.2023 (Annexure P-8) goes on to show that respondent No. 4 was appointed on compassionate grounds, as his father, who was working as a Secretary in The Swana Agriculture Service Cooperative Society, had passed away. Thereafter, a resolution was passed in his favour, and the Additional Registrar granted approval for his appointment while exercising powers
1Whether the reporters of the local papers may be allowed to see the Judgment? Yes
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under Rule 24 of the Approved Service Rules, 2001 applicable to the employees of H.P. Cooperative Societies.
2.
It has been brought to our notice that, on an earlier occasion, the petitioner had filed CWP No. 14304 of 2025 titled Sahil Sharma vs. State of H.P. and others, which was decided on 06.10.2025, wherein the learned Single Judge chose not to interfere on the ground that the appointment was on compassionate basis and that the present petitioner had no enforceable or vested right so as to challenge the said appointment. The order dated 06th October, 2025 (Annexure P-13) reads as follows:-
“The petitioner seeks to assail employment given to respondent No.4 on compassionate ground.
2. After arguing the matter for some time, learned counsel for the petitioner submits that the petitioner himself is not in line to secure the employment on compassionate ground in the respondent-cooperative society, therefore, he be permitted to withdraw the present writ petition with liberty to file afresh, in accordance with applicable procedure.
3. Granting such permission, the present petition is dismissed as withdrawn.Pending miscellaneous application(s), if any, also to stand disposed of.’
3.
Counsel for the State has also brought to our notice that a statutory remedy is available under the Act and that the matter had also been considered on the basis of a report submitted by the Assistant Registrar on the complaint made by the petitioner (Annexure P-11) dated 22.03.2025.
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4.
In such circumstances, we are of the considered opinion that no public interest is involved, as the matter pertains to the appointment of the private respondent on compassionate grounds. The aggrieved person, if so advised, may exercise his remedy by initiating appropriate proceedings before the Court of competent jurisdiction, as no public interest, as such, is involved in the present case.
5.
In view thereof, the present petition is dismissed. Pending miscellaneous applications, if any, shall also stand
disposed of. (G.S. Sandhawalia) Chief Justice
(Bipin Chander Negi) Judge 13th May, 2026 (Tarun)