V. SIVAMURTHY versus STATE OF ANDHRA PRADESH. AND ORS.

V. SIVAMURTHY versus STATE OF ANDHRA PRADESH. AND ORS.

Compassionate appointment to dependents of government servants retired on medical invalidation is constitutionally valid as an exception similar to death in harness cases; the five year period must be reckoned from the date of order of retirement on medical invalidation, as per policy, and not from the application...

Source-derived case information.

Parties
Appellant: V. Sivamurthy; Respondent: State of Andhra Pradesh; Respondent: Others
Jurisdiction
India
Judgment Date
12 August 2008
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal allowed
Legal Topics
Compassionate Appointment, Judicial Review, Discrimination in Employment
Service Law Constitutional Law Administrative Law Compassionate Appointment Judicial Review Discrimination in Employment

Source-derived case record

Summary, issues, holding and outcome

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Parties

V. Sivamurthy

Appellant

State of Andhra Pradesh

Respondent

Others

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether compassionate appointment to dependents of government servants retiring on medical invalidation is unconstitutional and invalid
  2. 2 Whether the High Court erred in considering and deciding an issue not the subject matter of the writ petitions
  3. 3 Whether the clarification that the five years of 'left over service' should be reckoned from the date of retirement order is unreasonable and arbitrary

Ratio Decidendi

Compassionate appointment to dependents of government servants retired on medical invalidation is constitutionally valid as an exception similar to death in harness cases; the five year period must be reckoned from the date of order of retirement on medical invalidation, as per policy, and not from the application date.

Court Disposition

Appeal allowed

Orders

  • Judgment of the High Court set aside
  • Orders of the Tribunal set aside although on different grounds