The Himachal Pradesh High Court has held that no citizen can be discriminated on basis of residence regarding employment on compassionate ground.
A division bench of Chief Justice M.S. Ramachandra Rao and Justice Ajay Mohan Goel, passed this order on a petition filed Sandeep Kaur, a resident of Punjab.
Her case was that her father was employed as forest guard in the Himachal State Forest Development Corporation and he died while in service on July 16, 2020, after rendering over 21 years of service. When she applied for employment as a clerk on the compassionate ground in 2021, th respondent asked the petitioner to produce income certificate and character certificate issued by either by the executive magistrate or Tehsildar and a bonafide certificate.
The petitioner procured the income certificate and submitted but the character certificate could not be provided as she is resident of Punjab and such certificate in that state are issued by the Senior Superintendent of Police. So, she obtained the certificate from the Senior Superintendent of Police and provided to the respondent department.
As regards the bonafide certificate, she could not produce it for the reason that she doesn’t have permanent home in Himachal Pradesh.
Her counsel contended that as per the bye-laws of the respondent, an employee need be only a citizen of India for employment. The respondent, on the other hand, contended that the case of the petitioner is not covered by byelaws of the State Forest Development Corporation and would be regulated under the provisions applicable to the Himachal Pradesh government employees from time to time.
After hearing the counsel for the parties at a length, the court observed that as per the Constitution, no citizen can be discriminated on basis of residence and the law does not compel a man to do what is not possible for him to perform.
“So insisting that the petitioner produces such a certificate when it is undisputed that she is an Indian citizen and daughter of the deceased employee cannot be countenanced.”
The court has directed the respondents to provide employment on compassionate ground to the petitioner within four weeks. The respondents have been also directed to pay costs of Rs 10,000 to the petitioner.
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