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