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january 2019

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.

STATE OF HIMACHAL PRADESH vs SHASHI KUMAR · Niyam