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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Vikash Thakur – Appellant
Versus
State of HP – Respondent
| Table of Content |
|---|
| 1. details of petitioner's challenge and background (Para 1 , 2) |
| 2. respondents' argument on income criteria (Para 3 , 9) |
| 3. court's observation on income and compassionate grounds (Para 4 , 5 , 6 , 10) |
| 4. precedent on compassionate appointment policies (Para 7 , 8) |
| 5. final decision supporting petitioner's claim (Para 11) |
JUDGMENT :
Jiya Lal Bhardwaj, J.
By way of present petition, the petitioner has laid challenge to the communication dated 05.05.2015 (Annexure A-8), whereby the claim of the petitioner, for appointment on compassionate ground, has been rejected on the ground that as per the criteria prevailing on the date of application, the income limit was Rs.1,00,000/- per annum for a family of 04 members, however, in case of the petitioner, the family income of the deceased employee was exceeding the maximum PCI income ceiling fixed for compassionate employment.
2. Shorn of unnecessary details, the undisputed facts of the case are that the father of the petitioner was appointed as Drawing Teacher at Government Middle School Keori under complex GSSS Bir, District Kangra on 11.12.1998, who died on 02.08.2008. After his death, the respondents had granted family pension t
The policy for compassionate appointment must evaluate criteria based on circumstances at the time of the employee's death, not subsequent income limits.
The main legal point established in the judgment is that the provisions under the relevant scheme for compassionate appointment are mandatory in nature, and the subsequent declaration of Govind Praka....
Compassionate appointments must be made promptly following a breadwinner's death; delayed applications undermine their purpose.
Compassionate appointment is not a right but a measure to assist families in financial distress, and is contingent on family employment status and compliance with rules.
Point of Law : As more than 30 years have passed since the father of the petitioner/appellant had expired, neither there is any useful purpose to issue any positive direction, nor the facts of the ca....
Compassionate appointment is not a right but a concession for immediate financial distress following a government employee's death, and cannot be claimed after significant delay.
Compassionate appointment is a concession, not a legal right, and requires compliance with specific provisions while emphasizing immediate application to demonstrate need.
Family pension is a relevant factor in determining financial hardship for compassionate appointment under the West Bengal Central Service Commission (Selection of Persons for Appointment to the Post ....
Compassionate appointment applications must be submitted within one year of the employee's death, with strict adherence to guidelines to ensure timely relief for families in financial distress.
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