Supreme Court of India

State of Himachal Pradesh & Anr v. Shashi Kumar

Neutral citation

Reported as [2019] 2 S.C.R. 432

Bench Dr. Dhananja Ya Y Chandrachud and Hemant Gupta JJ.

Decided 16 January 2019

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

9 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the High Court was in error in issuing a mandamus to the Government to disregard its Policy.

Judgment, page 17

From the headnote

Service Law – Compassionate appointment – The S tate, if 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 – Held: The terms on which compassionate applications would be consider ed are subject to the policy which is framed by the S tate and must fulfill the terms of the policy – In instant case, policy was formulated on 18.01.1990, which was designed to meet the needs of those families where death of a government servant has left them in indigent circumstances, r

Authorities it was built on

2015 Canara Bank and Anr. v. M. Mahesh Kumar cited by 7
2012 Union of India & Anr. v. Shashank Goswami & Anr. cited by 6
2008 Mumtaz Yunus Mulani v. State of Maharashtra & Ors. cited by 4
2004 Punjab National Bank and Ors. v. Ashwini Kumar Taneja cited by 4
2007 State Bank of India and Ors. v. Jaspal Kaur cited by 4
2006 State of J & K and Ors. v. Sajad Ahmed Mir cited by 3
2007 State Bank of India and Anr. v. Somvir Singh cited by 3
2011 Local Administration Department & Anr v. M. Selvanayagam @ Kumaravelu cited by 2
2008 Tulsiram & Ors. v. State of M.P. cited by 1

Where later benches applied it

2023 Bank of Baroda & Ors v. Baljit Singh relied on
2023 The State of West Bengal v. Debabrata Tiwari & Ors. Etc. Etc. relied on
2022 Fertilizers and Chemicals Travancore Ltd. & Ors v. Anusree K.B. relied on
2022 The State of Maharashtra and Anr. v. Ms. Madhuri Maruti Vidhate (since After Marriage Smt. Madhuri Santosh Koli) relied on
2021 The State of Uttar Pradesh & Ors. v. Premlata relied on
2020 N. C. Santhosh v. State of Karnataka & Ors. relied on
2025 Canara Bank v. Ajithkumar G.K. referred to
2024 Bank of India & Ors. v. Pankaj Srivastava referred to
2022 Suneel Kumar v. State of U.P. & Ors. referred to

Of those, 6 relied on · 3 referred to

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