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Supreme Court of India 2019-01-16 dismissed

State of Himachal Pradesh & Anr vs Shashi Kumar

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

This case concerns a compassionate appointment claim by the son of a deceased government servant. The State of Himachal Pradesh required that family pension be included in calculating the applicant's family income—which rendered him ineligible due to income limits. The High Court had directed the State to disregard family pension when determining financial need. The Supreme Court held that the State's policy permissibly requires consideration of all income sources, including family pension, to assess whether a family is truly in indigent circumstances. However, the Court dismissed the appeal because the applicant delayed over seven years in pursuing his claim, defeating the purpose of compassionate appointment—providing immediate post-death relief.

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