LAWS(HPH)-2014-10-110

KULDEEP SINGH Vs. STATE OF HIMACHAL PRADESH

Decided On October 29, 2014
KULDEEP SINGH Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) PETITIONER 's father was regularized as Beldar in the year 1998. He died on 24.5.2006. Petitioner submitted an application to the concerned Department for employment on compassionate ground. Appointment of the petitioner was approved by the Government. He was ordered to be appointed on contract basis as Clerk in I.P.H. Division, Dalhousie. However, fact of the matter is that appointment of the petitioner was kept in abeyance on the ground that his family's income exceeded the limit of Rs.75,000/ - per annum. The income of the petitioner as per material placed on record was assessed at Rs. 1,09,000/ - per annum. Respondents have not taken into consideration that the income criteria has been increased from Rs. 75,000/ - to Rs. 1,25,000/ - per annum. The respondents while computing the income of petitioner's family have taken into consideration the retiral/pensionary benefits.

(2.) MS . Shreya Chauhan, learned counsel for the petitioner, has vehemently argued that the case of the petitioner has been rejected by the competent authority by including pensionary benefits while computing the annual income of the family of the petitioner.

(3.) THEIR Lordships of the Hon'ble Supreme Court in Govind Prakash Verma vs. Life Insurance Corporation of India and others,, (2005) 10 SCC 289, while dealing with almost similar situation has held as under: