Supreme Court of India · 2019-01-16
STATE OF HIMACHAL PRADESH vs SHASHI KUMAR
- Citation / case number
- SC 2016/6511
- Court
- Supreme Court of India
- Petitioner
- STATE OF HIMACHAL PRADESH
- Respondent
- SHASHI KUMAR
- Author
- HON'BLE THE CHIEF JUSTICE
- Bench
- HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE THE CHIEF JUSTICE
Judgment text excerpt
The Supreme Court addressed the issue of compassionate appointment under Article 226 of the Constitution of India, specifically examining the applicability of a 1990 Policy by the Himachal Pradesh Government. The Court held that the income from family pension should not be included in the assessment for compassionate appointment, and clarified that the relevant date for policy applicability is the date of application submission. The Court emphasized that delays in application should not automatically disqualify applicants, affirming the need for a compassionate approach in such cases.