VidhiSangh

Supreme Court of India · 29/09/2020

STATE OF MADHYA PRADESH & ORS. versus AMIT SHRIVAS

[2020] 11 S.C.R. 46 · 2020 INSC 565

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

Summary

The Court rejected compassionate appointment for the dependent of a permanent work-charged employee because permanent status did not constitute regular service and the applicable policy provided only a monetary grant. Later provision for appointments was not retrospective. Exercising Article 142, the Court nevertheless increased the grant from one lakh to two lakh rupees and directed release of the existing deposit with its accrued interest.

Issues

  1. Whether permanent status and pension benefits made a work-charged employee regular for compassionate appointment.
  2. Whether subsequent policy changes entitled the dependent to appointment or an enhanced grant.

Provisions considered

Held

Result

Appeal allowed; entitlement to compassionate appointment rejected. Existing one-lakh fixed deposit to be released with accrued interest and an additional one lakh paid within two months, with twelve per cent simple annual interest on default until payment. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2020] 11 S.C.R. 46.