STATE OF HIMACHAL PRADESH & ANR versus SHASHI KUMAR

STATE OF HIMACHAL PRADESH & ANR versus SHASHI KUMAR

State is entitled and required to take into account family pension and terminal benefits in determining eligibility for compassionate appointment under its policy; fixation of income slab for assessing indigency is valid, and delay by the applicant defeats the purpose of compassionate appointment, so relief is denied.

Parties
Appellant: State of Himachal Pradesh; Respondent: Shashi Kumar
Jurisdiction
India
Judgment Date
16 January 2019
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
appeal allowed
Legal Topics
Compassionate Appointment, Delay/laches, Income Slab Criteria, Family Pension Consideration, Exception to Article 14 and 16
Service Law Constitutional Law Compassionate Appointment Delay/laches Income Slab Criteria Family Pension Consideration Exception to Article 14 and 16

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Parties

State of Himachal Pradesh

Appellant

Shashi Kumar

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether family pension and other terminal benefits can be included in family income for compassionate appointment
  2. 2 Whether State can prescribe income slab for compassionate appointment
  3. 3 Effect of delay in applying for compassionate appointment

Ratio Decidendi

State is entitled and required to take into account family pension and terminal benefits in determining eligibility for compassionate appointment under its policy; fixation of income slab for assessing indigency is valid, and delay by the applicant defeats the purpose of compassionate appointment, so relief is denied.

Court Disposition

appeal allowed

Orders

  • High Court's direction to reconsider respondent's compassionate appointment application is set aside and writ petition dismissed.
  • High Court's direction not to consider family pension and terminal benefits is set aside.