SHIMLA: The High Court of Himachal Pradesh has declared that no citizen can face discrimination based on their residence when seeking employment on compassionate grounds. The verdict came in response to a petition filed by Sandeep Kaur, hailing from Bharatgarh, District Ropar, Punjab.

The  order was passed by the Division Bench of Chief Justice Shri MS Ramachandra  Rao and Shri justice Ajay Mohan Goel here today.

The case revolved around Sandeep's eligibility for a Clerk position on compassionate grounds within the HP State Forest Development Corporation after her father, who served as a Forest Guard, tragically passed away while on duty on 16th July 2020, completing over two decades of service.

Being the daughter of the deceased employee, Sandeep applied for the employment opportunity in 2021.

However, the respondent department presented obstacles by demanding specific documents, including an Income Certificate and Character Certificate issued by the Executive Magistrate or Tehsildar, along with a Bonafide Certificate. Although she procured an Income Certificate and fulfilled that requirement, obtaining the Character Certificate proved challenging as it was typically issued by the Senior Superintendent of Police in Punjab, where she was a resident. She managed to obtain the certificate from the relevant authority and submitted it as well.

The Bonafide Certificate, however, could not be provided, as she did not have a permanent home in Himachal Pradesh.

The petitioner's counsel argued that the Corporation's bye-laws merely required an employee to be an Indian citizen, without any residence-related stipulations. On the contrary, the respondents argued that the petitioner's case falls under the provisions applicable to Himachal Pradesh Government employees.

Following extensive hearings and deliberations, the Court asserted that under the Constitution, no citizen should suffer discrimination based on their place of residence, and the law should not impose unattainable conditions.

The Court thus found no justification for insisting on the production of a certificate when it was evident that the petitioner was an Indian citizen and the daughter of the deceased employee.

In light of the above observations, the High Court directed the respondents to grant employment to Sandeep Kaur on compassionate grounds within the next four weeks. Additionally, they were ordered to compensate the petitioner with costs amounting to Rs. 10,000/-.