VidhiSangh

Supreme Court of India · 17/01/2019

STATE OF HIMACHAL PRADESH AND ANR. versus PARKASH CHAND

[2019] 1 S.C.R. 533 · 2019 INSC 55

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Compassionate appointment was refused because the applicant’s brother already worked for the State Electricity Board. The governing policy barred assistance to another family member in those circumstances and created only a limited exception for an unsupported widow. The High Court could not extend that exception to a son merely because the employed brother lived separately. The Court set aside the direction to reconsider contrary to the policy and rejected the writ petition.

Issues

  1. Whether separate residence of an employed brother entitled another child to compassionate appointment despite the policy bar.
  2. Whether judicial review permitted extension of the policy’s widow-specific exception.

Held

Result

Appeal allowed; the High Court’s impugned directions set aside and the respondent’s writ petition rejected. No costs.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 533.