HP HC directs govt to provide employement to daughter of deceased employee within 4 weeks

Shimla, July 26 – Himachal Pradesh High court on Wednesday directed the state government to provide employement to the daughter of a deceased Employee within four weeks.

A Division Bench, comprising Chief Justice M.S. Ramachandra Rao & Justice Ajay Mohan Goel, passed the order after hearing a petition filed by one Sandeep Kaur, a resident of Bharatgarh, Ropar District of Punjab.

The High Court after hearing the petition pertaining to employment on compassionate grounds held that no citizen could be discriminated on basis of residence.

The case of the petitioner is that her father was employed as Forest Guard in HP State Forest Development Corporation and he died while in service on 16.07.2020, after rendering 21 years and 6 months of service.

The petitioner is daughter of the deceased and she applied for employment as a Clerk, on compassionate ground in the year 2021.

The respondent department asked the petitioner to produce Income Certificate and Character Certificate, issued by Executive Magistrate or Tehsildar, and a Bonafide Certificate.

The petitioner procured an Income Certificate and submitted it to the respondent department, but Character Certificate issued by the Executive Magistrate or Tehsildar could not be provided as she is a resident of Punjab, and such certificates in that State are issued by the Senior Superintendent of Police.

Hence, she obtained such a certificate from the Senior Superintendent of Police and submitted it to the department where she sought employment

As regards the Bonafide Certificate, she could not produce the same for the reason that she doesn’t have a permanent home in Himachal Pradesh.

The counsel for the petitioner contended that as per the bye-laws of the respondent Corporation, an employee need be only a citizen of India, for employment.

The respondents on the other hand contended that the case of the petitioner is not covered by bye-laws of the H.P. State Forest Development Corporation and would be regulated under the provisions applicable to the Himachal Pradesh Government employees from time to time.

After hearing the counsels for the parties at length, the Court observed that as per the Constitution, no citizen can be discriminated on basis of residence and the law does not compel a man to do what is not possible for him to perform.

So insisting that the petitioner produces such a certificate when it is undisputed that she is an Indian citizen and the daughter of the deceased employee cannot be countenanced.

The Court has directed the respondents to provide employment on Compassionate grounds to the petitioner within four weeks.

The respondents have been also directed to pay costs to the tune of Rs. 10,000 to the petitioner.