Supreme Court of India · 2010-01-15
UNION OF INDIA vs BRIJ BHUSHAN SHARMA .
- Citation / case number
- SC 2003/22728
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- BRIJ BHUSHAN SHARMA .
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 emphasized that when an employee is retired due to disability and receives invalidation pension, compassionate appointments cannot be granted unless explicitly allowed by rules. However, the Court permitted the first respondent to continue in service as a Peon, given his satisfactory performance and the provisions of the Persons with Disabilities (Equal Opportunities etc.) Act, 1995.