STATE OF HIMACHAL PRADESH & ANR versus SHASHI KUMAR

Citation: [2019] 2 S.C.R. 432 · Decided: 16-01-2019 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Disposed off

Cited by 9 judgment(s) · cites 7 · see the full citation network in Lexace

Judgment (excerpt)

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SUPREME COURT REPORTS
[2019] 2 S.C.R.
     STATE OF HIMACHAL PRADESH & ANR.
v.
SHASHI KUMAR
(Civil Appeal No.988 of 2019)
JANUARY 16, 2019
[DR. DHANANJAYA Y CHANDRACHUD AND
HEMANT GUPTA, JJ.]
Service Law – Compassionate appointment – The State, if
entitled to take into account family pension and other terminal
benefits in determining whether compassionate appointment should
be granted to the dependant of a deceased employee – Held: The
terms on which compassionate applications would be considered
are subject to the policy which is framed by the State and must
fulfill the terms of the policy – In instant case, policy was formulated
on 18.01.1990, which was designed to meet the needs of those
families where death of a government servant has left them in indigent
circumstances, requiring immediate means of subsistence – Policy
recognized that the benefits which were received by a family on
account of welfare measures were required to be considered – The
policy did not preclude the dependants of a deceased employee
from being considered for compassionate appointment merely
because they are in receipt of family pension – What the Policy
mandated was that the receipt of family pension should be taken
into account in considering whether the family has been left in
indigent circumstances requiring immediate means of subsistence –
The receipt of family pension is, therefore, one of the considerations
which is to be taken into account.
Service Law – Compassionate appointment – Prescription of
income slab – On 18.01.1990, the State Government framed a policy/
scheme for making compassionate appointments – A income criteria/
income slab was prescribed by the Finance Department by a letter
dated 29.09.2008 – High Court was of the view that it was not open
to the Finance Department to amend the scheme – The State
contended that income slab reduces the element of discretion and
obviates a case by case analysis of what should or should not be
an income criterion for deciding the indigent circumstances of a
 [2019] 2 S.C.R. 432
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family – Held: The fixation of an income slab is a measure which
diluted the element of arbitrariness – Fixation of an income slab
subserves the purpose of bringing objectivity and uniformity in the
process of decision making – Circulars issued by the Finance
Department cannot be construed to be an amendment to the policy
– Circulars are explanatory, since they are intended to guide the
decision maker on the concept of indigency which is incorporated
in the scheme – Thus, decision of the State Government to fix income
limits confirmed – Further, the State directed to periodically revise
the income limits at intervals of three years or earlier, and consider
whether a revision is warranted having regard to the cost of living,
inflation and other relevant facts and circumstances.
Delay/Laches  – Compassionate appointment – Held: In the
instant case, the respondent waited for a period in excess of seven
years to move a petition u/Art.226 of the Constitution – Supreme
Court in Umesh Kumar Nagpal case has emphasized that the basis
of a scheme of compassionate appointment lies in the need of
providing immediate assistance to the family of the deceased
employee – This sense of immediacy was evidently lost by the delay
on the part of the dependant in seeking compassionate appointment
– Thus, respondent debarred from seeking compassionate
appointment by the delay as well as by the lapse of time.–
Service Law.
Constitution of India – Arts.14 and 16 – Compassionate
appointment – Held: Compassionate appointment is an exception
to the general rule that appointment to any public post in the service
of the State has to be made on the basis of principles which accord
with Arts.14 and 16 of the Constitution – Dependants of a deceased
employee of the State are made eligible by virtue of the Policy on
compassionate appointment.
Father of the respondent, who was working in the
Horticulture Department died in the year 2005 while he was in
service. In 2007, the respondent submitted an application for
compassionate appointment. The application was forwarded to
the competent authorities. Additional Secretary (Horticulture)
required that a certificate of income, including pension should be
obtained from the concerned SDM by the appellant. In 2015, writ
 STATE OF HIMACHAL PRADESH  v. SHASHI KUMAR
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SUPREME COURT REPORTS
[2019] 2 S.C.R.
petition was filed by the

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