Case Title:- THE COMMISSIONER, NAGPUR MUNICIPAL CORPORATION & ORS. vs. LALITA & ORS.
Citation:- 2025 INSC 1280
Date:- 29.10.2025
Hon’ble Delhi High Court Bench:- JUSTICE PANKAJ MITHAL and JUSTICE PRASANNA B. VARALE
The Hon’ble Supreme Court recently set aside an order of the Bombay High Court’s Nagpur Bench which had directed the Municipal Corporation to grant compassionate appointment to the son of a missing employee who had retired from service before completion of the seven-year period required to presume civil death.
- The Hon’ble Supreme Court ruled that a person can be presumed dead only after seven years from the date they go missing.
- It overturned a Hon’ble Bombay High Court order that had asked the Nagpur Municipal Corporation to give a compassionate job to the son of a missing employee. The case involved Gulab Mahagu Bawankule, an employee who went missing on September 1, 2012.
- Despite being missing, he was considered in service until his normal retirement date January 31, 2015. After retirement, his family received ₹6.49 lakh in retirement benefits and a monthly pension of ₹12,000.
- In 2022, a civil court declared him dead but did not specify the exact date of death. His son then applied for a compassionate appointment, claiming his father should be treated as dead from 2012.
- The Hon’ble Supreme Court said compassionate appointment is only for families of employees who die while still in service, not after retirement. By accepting retirement dues and pension, the family acknowledged his retirement, so they cannot later claim benefits meant for death in service.
- The Hon’ble Court, however, allowed the Municipal Corporation to consider the son for another suitable job, with age relaxation if allowed by law. The appeal by the Municipal Corporation was allowed, and the Hon’ble High Court order was set aside.
