Supreme Court of India · 2010-01-15
Union Of India & Ors vs Brij Bhushan Sharma & Ors
- Citation / case number
- AIRONLINE 2010 SC 90
- Court
- Supreme Court of India
- Petitioner
- Union Of India & Ors
- Respondent
- Brij Bhushan Sharma & Ors
- Bench
- Surinder Singh Nijjar, R. V. Raveendran
Judgment text excerpt
The Supreme Court held that the High Court's direction to appoint the second respondent on compassionate grounds, despite the absence of rules permitting such an appointment, was unsustainable. The Court clarified that when an employee is retired due to disability and receives invalidation pension, compassionate appointment cannot be granted unless explicitly allowed by rules. However, considering the first respondent's satisfactory service as a Peon since the High Court's order, the Court directed that he be continued in service, modifying the High Court's order accordingly.