Shimla, March 11, 2025 – In a major decision impacting compassionate employment cases,
the Himachal Pradesh High Court has directed the state government to reconsider the case of Smt. Savita Bibi for regular appointment, setting aside the application of the 2019 policy that introduced daily wage appointments for Class-IV posts.
Justice Sandeep Sharma, delivering the verdict in CWP No. 8761 of 2022, ruled that compassionate appointments must be governed by the policy in force at the time of the employee’s death—in this case, 2018—not the amendments made in 2019.
Background of the Case
Savita Bibi’s husband, employed as a contract-based driver in a state-run corporation since 2009, passed away on May 29, 2018. Following his demise, she applied for a compassionate appointment. However, her application was considered under the 2019 policy, which mandated daily wage appointments for Class-IV posts.
Her counsel, Advocate Suneel Awasthi, argued that this was unfair, as the policy in effect at the time of her husband’s death (2018) did not have such a provision. The state, represented by Advocate General Anup Rattan and Additional Advocates General Rajan Kahol, Vishal Panwar, and B.C. Verma, contended that the 2019 policy was binding.
Court's Observations
Justice Sharma rejected the state's stance, emphasizing that:
The policy at the time of death (2018) should determine compassionate appointments.
The 2019 amendment making Class-IV appointments daily wage-based was prospective and should not apply retrospectively.
The Supreme Court’s rulings in State of Madhya Pradesh v. Ashish Awasthi (2022) and Indian Bank v. Promila (2020) reaffirm that subsequent policies cannot override the scheme applicable at the time of death.
The Verdict
The court has directed the government to reconsider Savita Bibi’s appointment under the 2018 policy, ensuring that if she is found eligible, she must be granted regular employment with all consequential benefits. The state has two months to comply.
This ruling sets a precedent for other compassionate appointment cases in Himachal Pradesh, ensuring that widows and dependents of deceased government employees are not unfairly subjected to policy changes made after their loved ones’ passing.
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