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On 18 January 1990, the Government of Himachal Pradesh framed a policy for making compassionate appointments. The policy approves the appointment of sons, daughters and near relatives of government servants who die in harness, leaving the family in immediate need of assistance. The Policy also mandates that the receipt of family pension should be taken into account in considering whether the family has been left in indigent circumstances requiring immediate means of subsistence. The Govt in reference to the above policy also revised the income limit of Rs.1, 00,000 was to Rs.1, 50,000 in 2011. The HC in this regards said income slab does not constitutes amendment in the policy.
The HC issued a writ of mandamus directing the State Govt that it is not entitled to take into account family pension and other terminal benefits in determining if compassionate appointment should be given to the dependant of a deceased employee.
The State Govt appealed in the Apex Court against the order of Himachal Pradesh High Court. The Apex Court bench Justice Dhananjaya Y Chandrachud& Justice Hemant Gupta Said they were of the view that the High Court was in error in issuing a mandamus to the Government to disregard its Policy& such directions could not have been issued by the High Court
The court further observed that inflation &increase in the cost of living have an important bearing on financial exigencies faced by families of serving as well as deceased employees. Also for fixing income criteria it would be appropriate if the State revisits the income limit at periodic intervals such as 3 years.
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