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2019 Supreme(SC) 638

D.Y.CHANDRACHUD, HEMANT GUPTA
State Of Himachal Pradesh – Appellant
Versus
Shashi Kumar – Respondent


Advocates appeared:
P.S. Patwalia, Sr. Adv., Vikas Mahajan, AAG, Aakash Verma, Anil Kumar, Abhinav Mukerji, Ms. Bihu Sharma, Ms. Purnima Krishna, Ms. Pratishtha Vij, Abhinav Mukerji, Ms. Bihu Sharma, Ms. Purnima Krishna, Ms. Pratishtha Vij, Ajay Marwah, Atul Kumar, Ishan Dewan, Plak Bagchi, Abhimanyu Sharma, Ishan Dewan, S. K. Verma, Suryanarayana Singh, Ms. Pragati Neekhra, Ms. Kaveri Vats, Varinder Kumar Sharma, Advocates, For the Appellants; Ms. Radhika Gautam, Rajul Shrivastav, K. Krishna Kumar, Vikrant Narayan Vasudeva, Ashwani Kumar, Ms. Iti Sharma, Jay Kr. Bhardwaj, Ravinder Nain, Puneet Sharma, Jogy Scaria, Reegan S. Bali, Ms. Beena Victor, Ravi Homod, Veeranjaneyvilu K.L.N.V., Anil Nag, Ravi Bakshi, Aditya Dhawan, Ms. Kiran Dhawan, Shashank Kumar, Chander Shekhar Ashri, Abhinav Mukerji, Mrs. Bihu Sharma, Ms. Purnima Krishna, Ms. Pratistha Vij, Jayant Mohan, Sunil Kumar Jain, Abhishek Jain, Ms. Anusha Agarwal, Punya Garg, Abhishek Jain, Srilok Nath Rath, Y.P. Singh, Sharan Thakur, Mahesh Thakur, Vijay Kumar Pardesi, Dr. Sushil Balwada, Karan Chauhan, Ms. Manjeet Chawla, Ms. Bharti Tyagi, Ms. Divya Jyoti Singh, Vinod Sharma, Pawan Reley, Gopal Prasad, Satish Kumar, Aravindh S., A. Lakshmi Narayan, Mrs. Nanita Sharma, Vivek Sharma, Bajrang Lal Jat, Baldev Singh, D.S. Patial, Binay Kumar Das, Yogesh Kumar Mathur, Ms. Amita Singh Kalkal, M. C. Dhingra, Piyush Kant Roy, Ms. Indira Kanora, Gaurav Dhingra, Ms. Shobha Gupta, Ashwani Kr. Gupta, Vikrant Yadav, P. N. Puri, Reeta Dewan Puri, Abhishek Puri, Dhiraj, Parmanand Gaur, Ekansh Bansal, Yash Pal Dhingra, Baldev Singh, D.S. Patial, Vinay Kumar Das, Advocates, For the Respondents

JUDGMENT :

Dhananjaya Y. Chandrachud, J.

Leave granted.

2. The present appeal arises from a judgment of a Division Bench of the High Court of Himachal Pradesh in a batch of cases which dealt with the issue of compassionate appointment.

3. The facts, insofar as they are material to this appeal, are thus:

The father of the respondent, who was working as HFO in the Horticulture Department at Kullu, died on 29 March 2005 while he was in service. On 8 May 2007, the respondent submitted an application for compassionate appointment. The application was forwarded by the Deputy Director, Horticulture at Kullu to the competent authorities on 14 September 2007. On 15 January 2008, the Additional Secretary (Horticulture) to the Government of Himachal Pradesh addressed a communication to the Director of Horticulture stating that the income certificate which had been forwarded together with the application did not include the pension which the family was receiving from the Government. Accordingly, the Additional Secretary required that a certificate of income, including pension, should be obtained from the concerned SDM by the applicant.

4. The Writ Petition before the High Court was instituted on 11




























































































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