Service Law – Appointment on compassionate grounds – Challenge to the rejection of appointment against Class-III post – Principles of estoppel and discrimination. – Appeal by State – The appellant department contended that the respondent willingly accepted the lower-ranked position and, therefore, cannot demand reconsideration for the Class-III post. However, the court observed that similarly situated individuals had been offered the Class-III post after initially accepting lower-ranked positions. Notably, the respondent was eligible for the Class-III post at the time of her initial application. While the appellant invoked government instructions regarding the non-changeability of accepted posts, the court found that these instructions were relaxed in the case of others in similar situations.
The court opined that denying the respondent’s plea would amount to discrimination, given the relaxation of rules in comparable cases. Upholding the writ court’s decision, the appellate court dismissed the appeal, noting the absence of illegality in the impugned judgment and its adherence to legal principles. (Para 17)
HIGH COURT OF HIMACHAL PRADESH
2024 STPL(Web) 82 HP
[-]
State Of Himachal Pradesh And Ors. Vs. Shanti Devi
LPA No. 34 of 2024-Decided on 26-02-2024
https://stpllaw.in/wp-content/uploads/2024/05/2024-STPLWeb-82-HP.pdf
