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Supreme Court of India 2019-01-17 allowed

STATE OF HIMACHAL PRADESH vs PARKASH CHAND

Bench: 2 — Dhananjaya Y Chandrachud, Hemant Gupta

In Brief

A deceased government employee's son applied for compassionate appointment as a Peon in Himachal Pradesh. Although his elder brother was employed by a state electricity board, the son argued his brother lived separately. The High Court allowed his petition, directing the State to consider the application despite the policy condition barring compassionate appointments when family members already hold government jobs. The Supreme Court reversed this, holding that compassionate appointment is not a right but must follow the State's policy terms exactly. The Court ruled the High Court could not re-write policy and confirmed that an employed sibling's separate residence does not override the policy bar.

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