VidhiSangh

Supreme Court of India · 16/12/2021

THE SECRETARY TO GOVT. DEPARTMENT OF EDUCATION (PRIMARY) & ORS. versus BHEEMESH ALIAS BHEEMAPPA

[2021] 12 S.C.R. 123 · 2021 INSC 907

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court held that the 2012 amendment extending compassionate-appointment eligibility to an unmarried brother of a deceased unmarried female government servant did not cover a death in 2010. Consideration of the application after the amendment did not confer the enlarged benefit. Compassionate appointment is an exception to ordinary recruitment and creates no automatic vested right. The State’s appeal was allowed, the Tribunal and High Court orders were set aside, and the respondent’s application was dismissed.

Issues

  1. Whether the later amendment enlarging the eligible class applied because the compassionate-appointment application was considered after its introduction.

Provisions considered

Held

Result

State’s appeal allowed without costs; Tribunal and High Court orders set aside and application for compassionate appointment dismissed.

Judgment PDF: Supreme Court of India, [2021] 12 S.C.R. 123.