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Supreme Court of India · 19/05/2020

MUNISH KUMAR versus STATE OF HIMACHAL PRADESH AND ANOTHER

[2020] 5 S.C.R. 426 · 2020 INSC 398

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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

  1. Whether medical retirement approved after death could retrospectively displace death-in-service status.
  2. What relief followed for the compassionate appointment application.

Held

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.

Judgment PDF: Supreme Court of India, [2020] 5 S.C.R. 426.