Mohit vs State Of H.P. & Another

Satyen Vaidya, J

The petitioner is aggrieved against the office order dated 7.10.2022, whereby the engagement order of the petitioner as conductor (on contract) was withdrawn.

Petitioner was offered appointment as conductor by the HRTC on compassionate basis vide communication dated 13. 8.2021 (Annexure P-3). One of the conditions in appointment letter was that the appointee was to produce bonafide Himachali certificate. Since the petitioner failed to produce such certificate, the impugned order dated 7.10.2022 came to be passed.

The issue with respect to requirement of bonafide Himachali certificate in cases of appointment on compassionate ground is no more res-integra and has been adjudicated upon and answered by a Division Bench of this Court vide judgment dated 26.7.2023 passed in CWP No. 4304 of 2023, titled as Sandeep Kaur vs. State of H.P. & others. That being so, no exception can be carved out in the case of the petitioner. Accordingly, the petition is disposed of by directing respondent Non.2 to consider and decide the case of the petitioner strictly in light of the judgment passed in Sandeep Kaur’s case (supra) within two weeks from the date of production of copy of this order. Pending applications, if any, also stand disposed of.