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The Secretary to Govt. Department of Education (Primary) v. Bheemesh alias Bheemappa

Civil Appeal · 2021 INSC 907Decided 16 Dec 2021
Civil Appeal No. 7752 of 2021
Justice Hemant Gupta · Justice V. Ramasubramanian

Background

The respondent's unmarried sister, a government school teacher in Karnataka, died in service in December 2010. At that time, the applicable rules did not allow an unmarried brother to claim compassionate appointment on a deceased unmarried sister's post: that category was added only by an amendment in 2012. The Karnataka State Administrative Tribunal and the High Court both held that the 2012 amendment applied retrospectively and directed the State to consider the respondent's claim.

Decision Breakdown

The Supreme Court set aside the Tribunal and High Court orders and dismissed the respondent's claim. It held that rules in force on the date of an employee's death govern eligibility for compassionate appointment, and an amendment that merely enlarges or adds a new category of eligible dependents does not operate retrospectively unless the rule expressly says so: this is distinct from situations where an earlier rule's exclusion was struck down as unconstitutional, which can justify retrospective effect. Since the sister died in 2010, before the 2012 amendment recognizing unmarried brothers, the respondent could not benefit from it.

Lesson Learnt

Eligibility for a government compassionate-appointment benefit is usually fixed as of the date of the employee's death; a later rule change that only broadens who can apply typically does not reach back to help people whose cause of claim arose before the change.

Official source (sci.gov.in)View Judgment (PDF)

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