In a recent legal case, the court delved into the intricacies of approving retirement on medical grounds post-employee’s death. The court’s legal analysis scrutinized the validity of the approval granted after the employee’s passing and its impact on the case. Let’s explore the detailed legal analysis and conclusions drawn by the court in this intriguing scenario.
Facts
- Employee applied for retirement on medical grounds before death but approval was granted after his death.
- Employee died while in service on 16 June 2004.
- Appeal is related to a claim for compassionate appointment.
- Compassionate appointment was rejected citing policy with age limits for retirement on medical grounds.
- Father of the appellant was an employee of the first respondent.
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Analysis
- The approval for retirement on medical grounds was issued after the employee’s death.
- The clause of the policy regarding retirement on medical grounds would not apply in this case.
- The application for retirement on medical grounds had not been approved at the time of the employee’s death.
- The appellant’s argument regarding the invalid basis of the approval post-death is deemed meritorious.
- The acceptance of the application of retirement on medical grounds after the date of death of the employee does not lead to a retrospective cessation of service.
- The case falls under clause 2(a) of the policy, concerning a government servant who dies while in service, leaving the family in immediate need of assistance.
- The rejection of the appellant’s application based on this ground was not justified according to the authorities.
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Decision
- The appeal is allowed with specific terms mentioned.
- If no decision is made, appellant’s counsel can apply for appropriate directions.
- Appellant’s application to be reconsidered and a final decision communicated within three months.
- If compassionate appointment granted, no arrears payable and salary from date of joining.
- Pending applications disposed of.
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Case Title: MUNISH KUMAR Vs. THE STATE OF HIMACHAL PRADESH (2020 INSC 398)
Case Number: C.A. No.-002426-002426 / 2020
