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State of Himachal Pradesh v. Parkash Chand

Civil Appeal · 2019 INSC 55Decided 17 Jan 2019
Civil Appeal No. 977 of 2019
Dr. Justice D.Y. Chandrachud · Justice Hemant Gupta

Background

The respondent's father, a government Peon, died in service in 1997 while the respondent was still a minor; under the State's compassionate-appointment policy, he could only apply once he turned 21, which he did in 2002. His application was rejected in 2008 because his elder brother was already employed with a State electricity board, which under the policy barred a second family member from compassionate appointment (with an exception only for a widow whose working children do not support her). The respondent argued his brother lived separately and was not supporting the family, and the Himachal Pradesh High Court ruled in his favour, directing the State to consider such cases even where one family member already holds government/autonomous-body employment.

Decision Breakdown

The Supreme Court held that compassionate appointment is not a right but a benefit governed strictly by the terms of the policy under which it is offered, and courts exercising judicial review cannot rewrite those terms. The policy's only carved-out exception for a family with an already-employed member was for a widow seeking appointment for herself: it did not extend to children like the respondent simply because a sibling lived separately. By directing the State to appoint the respondent despite his brother's government-linked employment, the High Court had effectively issued a mandamus rewriting the policy, which was impermissible; the Court also noted the respondent's petition was filed years after his rejection with scant evidence to back his claims. The Supreme Court therefore allowed the State's appeal, set aside the High Court's directions, and rejected the respondent's writ petition.

Lesson Learnt

Compassionate appointment is a policy-based concession, not a constitutional or statutory right, so courts cannot expand the eligibility conditions a government has laid down in its own policy: an applicant must fit squarely within the exact terms of that policy to qualify.

Official source (sci.gov.in)View Judgment (PDF)

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