IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 10998 of 2008. Decided on: 17.6.2011. ----------------------------------------------------------------------------------------- Naresh Kumar … Petitioner. Versus State of H.P. and others. … Respondents. ---------------------------------------------------------------------------------------- Coram Hon’ble Mr. Justice Kurian Joseph, Chief Justice Hon’ble Mr. Justice V.K. Sharma, Judge. For the petitioner : Ms. Ranjana Parmar, Advocate with Mr. Sunny Dhatwalia, Advocate. For the Respondents: Mr. R.K. Bawa, AG with Mr. Ankush Dass Sood, Addl. A.G. and Mr. J.K. Verma, Dy. AG. for respondents No. 1 & 2. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The petitioner has sought appointment on compassionate ground to the post of part-time water carrier. 2. In the reply filed on behalf of respondents No. 1 & 2, it is stated that there is no provision in the policy in that regard. It is further stated vide para 6 (i), (ii) and (iii) of the reply, as follows:- “6.(i). That the contents of this para are admitted to the extent that the applicant is a bonafide resident of Himachal Pradesh. Rest of the para is not admitted because the applicant is not at all entitled to file the present original application before this Hon’ble Tribunal as no injustice has been caused to him, because no appointment on compassionate ground can be offered to him after the death of his mother who was working as part-time water carrier in the school and died in the month of March, 2002 as there is no provision in the policy as issued by the Government for providing employment on compassionate ground after the death of the employee. (ii). That this para calls for no submissions being a matter of record. However, it is submitted that there is no provision to provide in the policy issued 2 by the Govt. for providing the employment to the legal heir of the employee who became unfit to render the normal duties. Hence, no employment on compassionate ground could have been offered to the applicant in place of his mother who has become unfit to render the duties on medical ground. (iii). That in reply to this para, it is submitted that there is no provision in the policy as notified by the Government for providing employment on compassionate ground to other member of the family of the part-time water carrier who became unfit to perform his/her duties. Hence, no employment could be offered to the applicant in place of his mother who became medically unfit to perform her duty. 3. Therefore, it is for the petitioner to approach the Government for the required change in the policy. The petitioner may file appropriate representation within a month from today before the 1st respondent and the matter will be considered in accordance with law by the 1st respondent and final decision will be taken within another four months. 4. The Writ Petition is disposed of, so also the pending application(s), if any. Copy dasti. (Justice Kurian Joseph), Chief Justice. ( Justice V.K. Sharma), Judge. June 17, 2011. (cr/virender)