Furnishing Bonafide Himachali Certificate For Seeking Compassionate Employment Is Not Required: Himachal Pradesh HC

Finding that the Petitioner had her village in the State of Punjab and in that State, Character Certificates are issued only by the Police Department, and since the petitioner had produced such certificate from the Senior Superintendent of Police, the Himachal Pradesh High Court ruled that action of the respondents in insisting the petitioner to produce a Character Certificate issued by Executive Magistrate or Tehsildar for purpose of compassionate appointment has no legs to stand because the petitioner cannot be compelled to comply with what is not possible.

The Division Bench of Chief Justice M.S Ramachandra Rao and Justice Ajay Mohan Goel observed that “As per Art.16(2) of the Constitution no citizen can be discriminated based on residence. So insisting that petitioner produces such a certificate when it is undisputed that she is an Indian citizen and daughter of the deceased employee of the 2nd respondent cannot be countenanced”.

The Bench clarified that the requirement of furnishing a Bonafide Himachali Certificate contained in Office Memorandum dated Mar 07, 2019, to employ on compassionate grounds requires to be set aside as being violative of Article 16(2) of the Constitution of India.

Advocate P.D. Nanda appeared for the Petitioner, whereas Advocate General Anup Rattan appeared for the Respondent.

The brief facts of the case were that the petitioner’s father was employed as Forest Guard in the second respondent-Corporation which is an undertaking of the Himachal Pradesh Government and he died while in service, after rendering 21 years and 6 months of service. The petitioner is one of the daughters of the deceased and she is unmarried while her sister is married. In the meanwhile, the State Government had formulated a policy for employing the dependants of the deceased employees. The petitioner applied for employment on compassionate grounds on the prescribed proforma for providing employment as a Clerk. Accordingly, the petitioner was asked to produce an Income Certificate inclusive of a family pension issued by the Executive Magistrate or Tehsildar, a Character Certificate issued by the Executive Magistrate or Tehsildar and a Bonafide Certificate. The petitioner alleged that she was not issued a character certificate as well as a bonafide certificate as she is a resident of Punjab and she had no permanent home in Himachal Pradesh. Therefore, the petitioner’s request for a compassionate appointment came to be rejected. Hence, the petitioner approached the High Court.

After considering the submission, the Bench found that the petitioner’s father was a regular employee of the second respondent-Corporation and he served it in the State of Himachal Pradesh for twenty-one and half years.

“According to the petitioner, her father, due to his low salary, could not construct or buy a house in the State of Himachal Pradesh, and her permanent residence is at her native place at Bharatgarh, Post Office, Tehsil and District Ropar, Punjab, and Character Certificate can be issued by the authorities where she is residing”, added the Bench.

Therefore, the High Court quashed the action of the respondents in refusing to give the petitioner a compassionate appointment in the second respondent-Corporation.

Further, the High Court directed the second respondent to accept the Character Certificate issued to the petitioner by the Senior Superintendent of Police, Distt. Rupnagar, Punjab, though it is not issued by the Executive Magistrate or Tehsildar.

Cause Title: Sandeep Kaur v. State of H.P and Ors.

Click here to read/download the Order