Compassionate Appointment: Presumption of death after seven years of disappearance - Date of death cannot be fixed on mere assumption

Supreme Court Overturns High Court's Compassionate Appointment Order in Nagpur Case. The Court Finds Error in Presuming Date of Death for Missing Municipal Employee  

In a significant ruling, the Supreme Court of India has set aside a High Court judgment that had granted compassionate appointment to Shubham, the son of a missing employee of the Nagpur Municipal Corporation. The Supreme Court, comprising Justices Pankaj Mithal and Prasanna B. Varale, clarified that the date of civil death cannot be presumed to be the date of disappearance without direct or circumstantial evidence.  

The case revolved around the claim by Shubham for a compassionate appointment following the disappearance of his father, Gulab Mahagu Bawankule, on September 1, 2012. The High Court had previously directed the municipal corporation to appoint Shubham by treating the date of his father's death as the day he went missing.  

The Supreme Court emphasized that under Section 108 of the Indian Evidence Act, 1872, a person is presumed dead only after seven years from the date of disappearance, unless proven otherwise. The Court observed that the High Court erred in its judgment by not adhering to this statutory provision.  

The family of the missing employee had already accepted the retirement dues and was receiving a monthly pension, amounting to Rs. 6,49,000 in total benefits and a Rs. 12,000 monthly pension. In light of this, the Supreme Court concluded that Shubham could not claim a compassionate appointment after accepting these benefits.  

The judgment also noted the High Court's oversight in not considering the prescribed conditions for granting compassionate appointments. The Supreme Court directed that while Shubham's claim for compassionate appointment is not viable, the municipal corporation could consider his application for any suitable position, subject to legal provisions.  

The ruling reinforces the legal principle that civil death presumption requires the lapse of seven years and cannot be backdated to the disappearance without substantial evidence. The Supreme Court's decision underscores the need for adherence to statutory provisions and careful consideration of compassionate appointments.  

Bottom Line:

Compassionate appointment cannot be claimed when the family has accepted the retirement of the missing person and has received all retiral dues and pension benefits.

Statutory provision(s): Section 108 of Indian Evidence Act, 1872

Commissioner, Nagpur Municipal Corporation v. Lalita, (SC) : Law Finder Doc Id # 2804252