MUNISH KUMARversusSTATE OF HIMACHAL PRADESH AND ANOTHER

426                      [2020]REPORTS
               SUPREME COURT    5 S.C.R. 426              [2020] 5 S.C.R.


A                             MUNISH KUMAR
                                       v.
            STATE OF HIMACHAL PRADESH AND ANOTHER
                        (Civil Appeal No. 2426 of 2020)
B                               MAY 19, 2020
               [DR. DHANANJAYA Y CHANDRACHUD,
              HEMANT GUPTA AND AJAY RASTOGI, JJ.]
             Service Law: Appointment – Compassionate appointment –
C     Appellant’s father was employee of the first respondent – He died
      on 16.06.2004 while in service – Though he had applied for
      retirement on medical grounds prior to the date of death, the
      application was approved only on 17.06.2004, i.e. after the
      employee had died (the application was approved w.ef. 8.04.2003
      – Appellant’s application for compassionate appointment was
D     rejected by relying on State’s policy dated 18.01.1990 – Challenge
      against – Held: State’s policy would not have application in the
      instant case – On the date of death, the application for retirement
      on medical grounds was not approved – The approval which was
      issued after the death of the employee would therefore not be valid
E     as there could not be any retrospective cessation of service by the
      acceptance of the application for retirement on medical grounds
      after the death of the employee – The case would be covered by
      clause 2(a) of the policy which deals with a government servant
      who dies while in service leaving the family in immediate need of
      assistance – Application of appellant for compassionate
F     appointment ought not to have been rejected – Authorities directed
      to consider the application of appellant for compassionate
      appointment.
            CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2426
      of 2020.
G
            From the Judgment and Order dated 06.10.2015 of the High Court
      of Himachal Pradesh at Shimla in CWP No. 142/2013.
            Atul Kumar, S. K. Verma, Advs. for the Appellant.

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                                      426
     MUNISH KUMAR v. STATE OF HIMACHAL PRADESH                                427
                   AND ANOTHER

     Abhinav Mukerji, Addl. AG, Mohan Lal Sharma, Adv. for the                A
Respondents.
      The following Order of the Court was passed:
                                ORDER
      1. Leave granted.                                                       B
      2. The present appeal relates to a claim for compassionate
appointment.
       3. The father of the appellant was an employee of the first
respondent. He died while in service on 16 June 2004. Though he had
applied for retirement on medical grounds prior to the date of death, it is   C
not in dispute that the application was approved only on 17 June 2004,
after the employee had died (the application was approved with effect
from 8 April 2003). The application for compassionate appointment has
been rejected on the ground that under the policy on compassionate
appointment dated 18 January 1990, in the case of a government servant        D
(falling in Class III and IV), who retires on medical grounds under Rule
38 of the CCS (Pension) Rules 1972, there is an age limit of 53 years
and 55 years respectively which the employee had crossed.
       4. We find merit in the contention of the appellant that the above
clause of the policy would have no application in the present case. On
                                                                              E
the date of death, the application for retirement on medical grounds had
not been approved. The approval, which was issued after the death of
the employee, would therefore not have any valid basis. There could not
have been any retrospective cessation of service by the acceptance of
the application of retirement on medical grounds after the date of death
of the employee. The case would be covered by clause 2(a) of the              F
policy which deals with a government servant, who dies while in service
leaving the family in immediate need of assistance. We are, therefore,
of the view that the application of the appellant ought not to have been
rejected on the ground which has weighed with the authorities.
       5. The application of the appellant shall be reconsidered in the       G
light of the above observations and a final decision shall be communicated
to the appellant within a period of three months from today. In the event
that no decision is arrived at, we grant liberty to the learned counsel for
the appellant to apply for appropriate directions in the present appeal. In
the event that compassionate appointment is granted to the appellant, no
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428              SUPREME COURT REPORTS                         [2020] 5 S.C.R.


A     arrears of salary would be payable and he would be entitled to salary
      with effect from the date of joining service.
            6. A copy of the decision shall be forwarded by the State
      Government of Himachal Pradesh to the Standing Counsel, who shall
      cause a copy thereof to be placed on the record of these proceedings.
B
             7. The appeal is allowed in the above terms.
             8. Pending application(s), if any, stand disposed of.


      Devika Gujral                                                  Appeal allowed.
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