MUNISH KUMAR Vs. STATE OF HIMACHAL PRADESH AND ORS.
LAWS(SC)-2020-5-35
SUPREME COURT OF INDIA
Decided on May 19,2020

MUNISH KUMAR Appellant
VERSUS
State of Himachal Pradesh and Ors. Respondents

JUDGEMENT

- (1.)Leave granted.
(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 not in dispute that the application was approved only on 17 June 2004, after the employee had died (the application was approved with 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 (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.
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