Summary
The rejection of compassionate appointment based on the age limits for medically retired employees could not stand. The employee died before his medical-retirement application was approved, and later approval could not retrospectively terminate service before death. The claim therefore required consideration under the policy provision for death in service. Reconsideration and communication of a final decision were directed within three months; appointment itself was not ordered.
Issues
- Whether medical retirement approved after death could retrospectively displace death-in-service status.
- What relief followed for the compassionate appointment application.
Held
- An application for medical retirement still pending on the date of death could not subsequently be accepted with retrospective effect so as to cause cessation of service before death. The medical-retirement age restriction therefore did not govern this claim, which fell under clause 2(a) concerning death in service and immediate family need. (¶¶ 3, 4)
- The authorities had to reconsider the application and communicate a final decision within three months, with liberty to seek directions if no decision followed. If appointment was granted, salary would run only from joining and no salary arrears would be payable. The State had to forward its decision through standing counsel for the Court’s record. (¶¶ 5, 6)
Result
Appeal allowed with directions to reconsider the compassionate appointment application and communicate a decision within three months. No direct appointment ordered; any appointment would carry salary only from joining, without arrears.