State of H.P. &
Ors. Vs. Kalawati & Ors.
O R D E R
The case of the respondent
herein is different from the batch of appeals decided today by this Court with
the title "State of Himachal Pradesh Vs. Sarab Dayal i.e. Civil Appeal @ S.L.P.(C)
No.362 of 2008". The respondent no.1 Kalawati's husband- Rameshwar Singh, who
was on duty as Chowkidar in the Store Department in the National Highway
Division, Solan at Tamboo More, was attacked by some people and he was badly
injured. He was treated at P.G. I., Chandigarh for about six to seven months
but due to the serious injuries sustained by him while on duty on 5.2.1999
after a lapse of about 11 years; we are told that, he is still in the state of Coma.
The State of Himachal Pradesh on 26.10.2002 passed the following order :
Consequent upon his
invalidation declared by Medical Board Distt. Hospital Solan on account of his
completely and permanently incapacitated for further service of any kind in the
department vide their report on form 23 of dated 1.3.02, Sh.Rameshwar Singh, Chowkidar
of this office is hereby retired : 2 : from Govt. Service w.e.f.1.3.02(A.N.)
under Rule 38 of Central Civil Services (Pension) Rules, 1972. He shall treat
himself relieved on 1.3.02 (A.N.).
Copy to following for
information and necessary action:-
1. The Sr.Deputy
Accountant General, H.P.Shimla.
Engineer-in-Chief, HP, PWD, Delhi."
In this view of the
matter, the case of the respondent is different from that of others cases. It was
wrongly tagged with other cases. We have heard learned counsel for the State of
Himachal Pradesh and the learned counsel for the respondent. We are not inclined
to interfere with the impugned judgment of the High Court.
It may be relevant to
mention here that the respondent no.1 on 25.02.2002 gave a representation to
the Chief Minister for employment to Laxmi Singh, one of the sons of Rameshwar Singh
on compassionate grounds. Unfortunately till date his representation has not been
considered. We have handed over a copy of the representation to learned counsel
for the State, who may forward it to the concerned authorities of the State of Himachal
Pradesh. We direct the State of Himachal Pradesh to consider the representation
of the respondent sympathetically and accommodate Laxmi Singh, Son of Rameshwar
Sngh in any suitable job. With these observations, the appeal is disposed of, leaving
the parties to bear their own costs.