IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.W.P. (T) No. 15575 of 2008. Reserved on : 20.05.2011. Decided on: 15.06.2011. _____________________________________________________ Koila Devi. …Petitioner. -Versus- State of Himachal Pradesh and others. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner. : Mr. Shashi Shirshoo, Advocate. For the respondents. : Mr. Ramesh Thakur, Assistant Advocate General. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge: Petitioner’s husband late Shri Uttam Singh died in harness on 16th December, 2003. He was regularized/conferred work charge status in the year 1996 as Helper. She submitted an application for considering her case for appointment on compassionate basis. She was appointed on daily wage basis on 6th January, 2006. 2. Mr. Shashi Shirshoo, learned counsel for the petitioner has strenuously argued that on the basis of the qualification of the petitioner, she should have been offered the post of Peon. He further argued that one Shri Man Singh was appointed as Clerk on compassionate grounds in April, 2005. His 1 Whether the reporters of the local papers may be allowed to see the judgment?. No. - 2 - father was also working as Assistant Fitter in Deothi Section of I.P.H. Department and he died in harness on 17.03.2004. 3. Mr. Ramesh Thakur, learned Assistant Advocate General has strenuously argued that as per the latest policy followed by the State Government pertaining to the appointment of persons on compassionate basis, petitioner could only be offered the post on daily wage basis. 4. I have heard the learned counsel for the parties and gone through the pleadings carefully. 5. It is not denied by the respondents in the reply that the petitioner is middle pass. The minimum qualification prescribed for the post of peon is middle pass. Petitioner has lost her husband on 16th December, 2003, who was regularized/conferred work charge status in the year 1996. She has been given appointment as daily waged Helper on compassionate grounds vide letter dated 6th January, 2006. Shri Man Singh, as noticed above, who lost his father on 17th March, 2004, has been appointed as Clerk on compassionate grounds in April, 2005. 6. Mr. Ramesh Thakur, learned Assistant Advocate General has drawn the attention of the Court to Annexure R-1, dated 16th August, 2005, whereby it is decided by the Government that if a work charged Beldar on daily wages with 7 years continuous service dies in harness, one of his dependents be appointed on daily wages. Petitioner has lost her husband on 16th December, 2003. Shri Man Singh, who has lost his father on 17th March, 2004 has been offered the appointment as Clerk on compassionate ground in April 2005. Case of the petitioner was - 3 - required to be considered before the case of Man Singh after taking into consideration the death of her husband. Office memorandum Annexure R-1 is dated 16th August, 2005 and the date of death of petitioner’s husband is 16th December, 2003. Thus, case of the petitioner was to be considered as per the earlier policy. Petitioner’s husband had been working on daily wage basis since 1984 and was regularized/given work charge status in 1996. Petitioner is not seeking appointment as Clerk, but she is seeking appointment as Peon on regular basis. She has to support two children, who are getting education in Government Senior Secondary School, Rampur Bushahr. She hails from poor family. Case of the petitioner was also required to be considered at par with Man Singh’s case and she was to be offered appointment as a Peon. 7. Accordingly, in view of the observations and discussions made hereinabove, the petition is allowed. Respondents are directed to consider the case of petitioner for appointment to the post of Peon, within a period of eight weeks from the date of production of a certified copy of this judgment by the petitioner. No costs. (Rajiv Sharma) Judge June 15, 2011. (bhupender) - 4 - `