CWP/2210/2021 on 31 December 2021

O R D E R

This writ petition has been filed by petitioner- Maya Shahi, who has approached this Court with a prayer that the respondents be directed to consider her case for appointment on compassionate grounds in view of the services rendered by her father, who died in harness on 24.01.2019 and especially in view of the order dated 28.10.2020, passed by this Court in CWP No.3100 of 2020, directing the respondents to give compassionate employment to the married daughter.

2. The father of the petitioner died on 24.01.2019 while serving with the respondents as a Class-IV employee. The petitioner applied to the respondents for compassionate appointment on 04.07.2019 (Annexure P-2). The respondents vide order dated 21.08.2019 (Annexure P-4), rejected the claim of the petitioner on the ground that as per the decision of the Finance Department dated 07.03.2019, married daughter is not entitled for compassionate appointment. Learned counsel for the petitioner has also relied upon judgment of the Division Bench of this Court in CWP No.3100 of 2020, titled Mamta Devi Versus State of Himachal Pradesh & others, decided on 28.10.2020, whereby

similar writ petition was allowed and direction was given to the respondents to grant appointment on compassionate grounds to the married daughter.

3. Similar view has been taken by the Hon’ble Supreme Court in SLP(C) No.20166/2021, titled The State of Karnataka & Ors. Versus C.N. Apporva Shree & Anr., whereby the Hon’ble Supreme Court gave its approval to the reasoning of the High Court, quashing the rule denying the job to a married daughter on compassionate grounds while permitting it to a married son. The Supreme Court in that case approvingly referred to earlier decision of the Karnataka High Court to the same effect in Bhuvaneshwari V. Purani v. State of Karnataka, AIR Online 2020 Kar 2303.

4. Learned Additional Advocate General, at the outset, submitted that the Government in compliance of the aforesaid judgment of this Court in the case of Mamta Devi, supra, has taken a decision that the benefit of employment assistance on compassionate grounds to the married daughters may be considered, in case the family of the deceased government employee has only daughters and none in both families, i.e. the family from which she originally belongs and family in which she is married, is in government service, as mentioned in para 5(d) of the revised policy issued on 07.03.2019, subject to other considerations and subsequent instructions issued from time to time. As regards the income criteria for married daughters, the

income of the parental family will be taken into account to determine indigency, subject to fulfillment of other conditions as contained in office memorandum dated 01.11.2019.

5. In the present case, it is not in dispute that the petitioner is the only daughter of her father and therefore, the respondents are directed to consider the case of the petitioner for grant of compassionate appointment in terms of the ratio laid down by this Court in Mamta Devi’s case, supra, and in light of the decision referred to by the learned Additional Advocate General in letter dated 11.11.2021, copy of which is taken on record. Appropriate orders in this regard be passed within a period of two months from the date of receipt of copy of this order. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.

( Mohammad Rafiq ) Chief Justice

( Jyotsna Rewal Dua )

Judge 31st December, 2021 (rohit/vs)