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The State of Madhya Pradesh v. Amit Shrivas

Civil Appeal · 2020 INSC 565Decided 29 Sept 2020
Civil Appeal No. 8564 of 2015
Justice Sanjay Kishan Kaul · Justice Aniruddha Bose · Justice Krishna Murari

Background

Amit Shrivas sought compassionate appointment after his father, a work-charged driver in Madhya Pradesh's Tribal Welfare Department who had become a "permanent employee" after 15 years of service, died in service in 2009. The State rejected the claim because its 2008 policy barred compassionate appointment for work-charge/contingency employees, offering only a Rs 1 lakh compassionate grant instead, but the High Court (Single Judge and Division Bench) ruled in the son's favour on the ground that his father's "permanent" status entitled him to the appointment.

Decision Breakdown

The Supreme Court held that "permanent employee" status under the Pension Rules (earned after 15 years of work-charge service) is legally distinct from "regular employee" status, and does not create an entitlement to compassionate appointment under the applicable 2008 policy, which expressly excluded work-charge/contingency employees. The Court therefore could not grant the appointment itself sought, but noted that a later 2014 circular had since doubled the compassionate grant amount from Rs 1 lakh to Rs 2 lakh, and exercised its Article 142 power to award the respondent this higher amount (plus interest) as complete justice, given his family's long wait. The appeal by the State was accordingly allowed, but a monetary enhancement was still granted.

Lesson Learnt

Compassionate appointment is not an automatic right flowing from a long-serving employee's reclassification as "permanent": it depends strictly on the specific policy in force on the date of death, though courts may still use their equitable powers to ensure a family receives whatever enhanced monetary relief a later policy would have given them.

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

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