Mere Pendency Of FIR For Minor Offences Can't Be A Ground To Deny Compassionate Appointment: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that the pendency of an FIR, particularly for petty offences, cannot be a valid reason to withhold compassionate appointment already approved by the competent authority.

Justice Sandeep Sharma observed: “Till the time charge is not framed against the accused and he is not convicted by a competent Court of law, he is deemed to be innocent. If it is so, denial of appointment on the ground of mere pendency of FIR, that too for petty offences, may not be sustainable.”

The petitioner's father worked as a Junior Basic Teacher in the Department of Elementary Education, and died in harness on 21.10.2009, leaving behind eight family members. In 2010, the petitioner applied for a compassionate appointment and in 2021, the government approved his name. However, the case of the petitioner is that to date, no appointment letter has been issued.

Upon inquiry, it came to notice that the authorities had withheld the appointment on the ground that an FIR under Sections 323 and 325 of the IPC that deal with causing hurt and grievous hurt, respectively, was pending against him.

The Court observed that the guilt of the petitioner is yet to be established by the prosecution, and until then, he is innocent. Further, the court remarked that the allegations in the FIR were not so serious and came from a personal altercation.

Thus, the Court directed the state to issue an appointment letter to the petitioner.

Case Name: Yog Raj V/s State of H.P. & Ors.

Case No.: CWP No. 6233 of 2022

Date of Decision: 31.07.2025

For the Petitioner: Mr. Angrez Kapoor, Advocate.

For the Respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr.Vishal Panwar & Mr. B.C. Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General, for the respondent State.

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