Service Law: Appointment – Compassionate appointment – Appellant’s father was employee of the first respondent – He died on 16.06.2004 while in service – Though he had applied for retirement on medical grounds prior to the date of death, the application was approved only on 17.06.2004, i.e. after the employee had died (the application was approved w.ef. 8.04.2003 – Appellant’s application for compassionate appointment was rejected by relying on State’s policy dated 18.01.1990 – Challenge against – Held: State’s policy would not have application in the instant case – On the date of death, the application for retirement on medical grounds was not approved – The approval which was issued after the death of the employee would therefore not be valid as there could not be any retrospective cessation of service by the acceptance of the application for retirement on medical grounds after the death of the employee – The case would be covered by clause 2(a) of the policy which deals with a government servant who dies while in service leaving the family in immediate need of assistance – Application of appellant for compassionate appointment ought not to have been rejected – Authorities directed to consider the application of appellant for compassionate appointment.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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