Shruti Sharma v. The State of HP and Others

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 19276 of 2025

Decided on: 08.10.2026 ------------------------------------------------------------------------------------- Shruti Sharma

…..Petitioner

Versus

State of H.P. and Ors

.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Atharv Sharma, Advocate.

For the Respondents: Ms. Seema Sharma, Deputy Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge

This writ petition concerns compassionate employment prayed for by the petitioner. Respondents have rejected the case of the petitioner on 12.03.2025. Precise grievance of the petitioner has been noticed in the following order passed in this writ petition on 09.12.2025:-

"Notice. Mr. L.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.

¶2Learned counsel for the petitioner invites attention to Annexure P-4 dated 12.03.2025, wherein two reasons have been accorded by the respondents for rejecting petitioner's

1Whether reporters of print and electronic media may be allowed to see the order? Yes. compassionate employment case, i.e. (i) That the petitioner is a married daughter; and (ii) Her family income is much more than prescribed for a family of three members.

¶3According to learned counsel for the petitioner, petitioner's father-late Sh. Bias Dev Sharma was survived by four legal heirs and not three, i.e. his mother Smt. Sunder Devi, his wife-Smt. Neera Sharma, his son Sh. Amit Sharma and daughter-Ms. Shruti Sharma (petitioner). Income of the family, therefore, has to be taken against the prescribed income of Rs.2,50,000/- for a family of four members. Inviting attention to page 25 of the paper book, it was submitted that petitioner's family income was Rs.2,43,000/- per annum, therefore, within the permissible income limit. The second reason of petitioner being married daughter was also disputed on facts. Learned counsel submitted that the petitioner is the only daughter of the deceased government employee-late Sh. Bias Dev Sharma and she is not married.

¶4Let learned Additional Advocate General to have instructions in the matter.

List on 16.12.2025."

2.

During hearing of this case, learned counsel for the petitioner has placed on record Office Memorandum issued by State Finance Department on 01.07.2026. In terms of said Office Memorandum, as a one-time measure, compassionate employment cases can be considered afresh, which were earlier rejected on ground of indigency, strictly on the basis of indigent circumstances prevailing on the date of fresh consideration. Under the aforesaid office memorandum, application to reconsider and reexamine the case afresh can be submitted by the eligible dependents before 31.12.2026.

Learned counsel for the petitioner submitted that the petitioner is ready and willing to furnish fresh representation seeking compassionate employment under the aforesaid Office Memorandum. Therefore, this writ petition be disposed of with direction to the respondents/competent authority to consider and decide representation to be preferred by the petitioner in terms of the aforesaid Office Memorandum dated 01.07.2026.

3.

Learned Deputy Advocate General assures that the respondents would have no objection to consider the case of the petitioner, in case it falls within the ambit of aforesaid Office Memorandum.

4.

Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of with liberty reserved to the petitioner to prefer representation in terms of Office Memorandum dated 01.07.2026 for employment on compassionate grounds. On receipt thereof, her case shall be considered by the respondents/competent authority within six weeks thereafter, in accordance with applicable policy and keeping in view the Office Memorandum dated 01.07.2026.

Pending miscellaneous application(s), if any, also to stand disposed of.

Jyotsna Rewal Dua October 8, 2026

Judge R.Atal