CWP/2210/2021 of MAYA SHAHI Vs STATE OF HP AND OTHERS 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 respondentsbe directed to consider her case for appointment oncompassionate grounds in view of the services rendered by herfather, who died in harness on 24.01.2019 and especially in view ofthe order dated 28.10.2020, passed by this Court in CWP No.3100of 2020, directing the respondents to give compassionateemployment to the married daughter.

2. The father of the petitioner died on 24.01.2019 whileserving with the respondents as a Class-IV employee. Thepetitioner applied to the respondents for compassionateappointment on 04.07.2019 (Annexure P-2). The respondents videorder dated 21.08.2019 (Annexure P-4), rejected the claim of thepetitioner on the ground that as per the decision of the FinanceDepartment dated 07.03.2019, married daughter is not entitled forcompassionate appointment. Learned counsel for the petitionerhas also relied upon judgment of the Division Bench of this Court inCWP No.3100 of 2020, titled Mamta Devi Versus State ofHimachal Pradesh & others, decided on 28.10.2020, whereby similar writ petition was allowed and direction was given to therespondents to grant appointment on compassionate grounds tothe married daughter.

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

4. Learned Additional Advocate General, at the outset,submitted that the Government in compliance of the aforesaidjudgment of this Court in the case of Mamta Devi, supra, has takena decision that the benefit of employment assistance oncompassionate grounds to the married daughters may beconsidered, in case the family of the deceased governmentemployee has only daughters and none in both families, i.e. thefamily from which she originally belongs and family in which she ismarried, is in government service, as mentioned in para 5(d) of therevised policy issued on 07.03.2019, subject to otherconsiderations and subsequent instructions issued from time totime. As regards the income criteria for married daughters, the income of the parental family will be taken into account todetermine indigency, subject to fulfillment of other conditions ascontained in office memorandum dated 01.11.2019.

5. In the present case, it is not in dispute that thepetitioner is the only daughter of her father and therefore, therespondents are directed to consider the case of the petitioner forgrant of compassionate appointment in terms of the ratio laid downby this Court in Mamta Devi’s case, supra, and in light of thedecision referred to by the learned Additional Advocate General inletter dated 11.11.2021, copy of which is taken on record.Appropriate orders in this regard be passed within a period of twomonths from the date of receipt of copy of this order.

The writ petition stands disposed of in the aboveterms, so also the pending miscellaneous application(s), if any.

( Mohammad Rafiq ) Chief Justice

( Jyotsna Rewal Dua ) Judge Judge

31[st] December, 2021 (rohit/vs)