Case Note & Summary
The Supreme Court considered an appeal against the rejection of a compassionate appointment claim. The appellant's father, an employee of the State of Himachal Pradesh, died on 16 June 2004 while in service. Although he had applied for retirement on medical grounds, the application was approved only on 17 June 2004, after his death, with retrospective effect from 8 April 2003. The authorities rejected the compassionate appointment application on the ground that under the policy dated 18 January 1990, the employee had crossed the age limit of 53 years for Class III and IV employees retiring on medical grounds under Rule 38 of the CCS (Pension) Rules, 1972. The Supreme Court found merit in the appellant's contention that the age limit clause had no application because the retirement application was not approved before the employee's death. The Court held that the approval after death could not retrospectively cease service, and the case was covered by clause 2(a) of the policy, which deals with a government servant dying while in service. The Court directed reconsideration of the application within three months, with no arrears of salary if appointment is granted, and salary from the date of joining. The appeal was allowed.
Headnote
A) Service Law - Compassionate Appointment - Death While in Service - Policy dated 18 January 1990 - Clause 2(a) - The appellant's father died on 16 June 2004 while in service; his application for retirement on medical grounds was approved on 17 June 2004 with retrospective effect from 8 April 2003. The Supreme Court held that the approval after death cannot retrospectively cease service, and the case falls under clause 2(a) dealing with death while in service, not the age limit clause for retirement on medical grounds. (Paras 3-4) B) Service Law - Compassionate Appointment - Retrospective Cessation of Service - Invalid - The Court held that there could not be any retrospective cessation of service by acceptance of retirement application after the employee's death, as the employee died while in service. (Para 4)
Issue of Consideration
Whether the rejection of compassionate appointment on the ground that the deceased employee had crossed the age limit for retirement on medical grounds is valid when the retirement application was approved after the employee's death.
Final Decision
The Supreme Court allowed the appeal, set aside the rejection, and directed reconsideration of the compassionate appointment application within three months. If granted, no arrears of salary would be payable, and salary would be from the date of joining.
Law Points
- Compassionate appointment
- Death while in service
- Retrospective cessation of service
- Policy interpretation
