VidhiSangh

Supreme Court of India · 11/12/2021

UNION OF INDIA & ORS. versus AMRITA SINHA

[2021] 9 S.C.R. 602 · 2021 INSC 868

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Summary

The Court upheld assessment of a widow’s compassionate-appointment claim using the family pension actually payable when her application was considered. A reduction scheduled after ten years did not require using the lower future pension to award merit points. Pension’s character as payment for past service did not prevent its inclusion where the governing scheme required assessment of family resources. With no palpable arbitrariness in the policy-based evaluation, the Tribunal and High Court had no basis to order reconsideration.

Issues

  1. Whether the current family pension could be considered in assessing comparative merit for compassionate appointment despite a scheduled future reduction.
  2. Whether the Tribunal and High Court properly interfered with the scheme-based assessment.

Held

Result

Union’s appeals allowed; High Court judgment set aside and the respondent’s original application before the Tribunal dismissed.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 602.