IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 3972   OF 2011 (@ SPECIAL LEAVE PETITION(C)NO.21865 OF 2010)

STATE OF H.P. & ORS. ... APPELLANTS

VERSUS

KALAWATI & ORS. ... RESPONDENTS

O R D E R

Leave granted. 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 :

“HIMACHAL PRADESH PUBLIC WORKS DEPARTMENT

OFFICE 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

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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.).

Sd/- Executive Engineer National  Highway  

Division HP, PWD, Solan

No.NHD-CB-Pension/03-5013-20 Dt.26.10.02 Copy to following for information and necessary action :-

1. The Sr.Deputy Accountant General, H.P.Shimla. 2. The 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.

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With  these  observations,  the  appeal  is  disposed  of,  

leaving the parties to bear their own costs.

...................J. (DALVEER BHANDARI)

...................J. (DEEPAK VERMA)

NEW DELHI; 5TH MAY, 2011