Supreme court: Revisit Income Limit Criteria For Compassionate Appointments At Periodic Intervals

Team SoOLEGAL 28 Jan 2019 4:30pm

Supreme court: Revisit Income Limit Criteria For Compassionate Appointments At Periodic Intervals

The Supreme Court called upon the State of Himachal Pradesh to revisit income limit criteria for considerate appointments, possibly at intervals of three years.

The two judge’s bench comprising Justice Dhananjaya Y Chandrachud and Justice Hemant Gupta said: “Undoubtedly a matter of policy for the State Government is to determine, what should be the appropriate income criterion. However, we would impress upon the State Government the need to periodically revise the income limits preferably at intervals of three years.”

Hence, observed by the court that inflation and the increase in the cost of living have an important bearing on financial exigencies faced by families of serving as well as deceased employees.

The bench held that: “In fixing the income criteria for considering cases of compassionate appointment, it would be appropriate if the State revisits the income limit at periodic intervals. It clarified that it would be open to the State to revise the income limits at a frequency of less than three years, if the State is so advised.”

The bench observed that while allowing state's appeal against the HC order which held that the State is not entitled to take into account family pension and other terminal benefits in determining whether compassionate appointment should be granted to the dependant of a deceased employee.

The Government of Himachal Pradesh framed a policy for making compassionate appointments, 18 January 1990. The policy indicates that it applies to requests for the appointment of sons, daughters and near relatives of government servants who die in harness, leaving the family in immediate need of assistance. This Policy commands 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. In 2011, the income limit of Rs.1, 00,000 was subsequently revised to Rs.1, 50,000.

"In view of the clear terms of the Policy, we are of the view that the HC was in error in issuing a mandamus to the Government to disregard its Policy. Such directions should not issued by the High Court. The Scheme contemplates that payments which have been received on account of welfare measures provided by the State including family pension are to be taken into account. Apparently, the terms of the Scheme must be implemented," as mentioned by the bench by referring to the facts.

Lastly, "We expect that the State Government shall, in compliance with the Policy, revisit the income limits at intervals of three years or earlier and consider whether a revision is warranted having regard to the cost of living, inflation and other relevant facts and circumstances."


Tagged: Justice Dhananjaya Y Chandrachud   Justice Hemant Gupta   SC   HC   HIMACHAL PRADESH   THREE YEARS  
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