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january 2010

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.

Union Of India & Ors vs Brij Bhushan Sharma & Ors · Niyam