Key Points: - Compassionate appointments can be granted in cases of serious illness or incapacity, even without formal medical certification of unfitness (!) (!) . - The deceased employee suffered from a severe neurological problem rendering him unfit for work, and the medical certificate issued was unreliable (!) (!) . - Provisions that deny compassionate appointments to voluntarily retired employees based on medical grounds are discriminatory and inapplicable (!) (!) . - The deceased's son is entitled to be enlisted for compassionate appointment due to his father's serious medical condition and voluntary retirement under duress (!) (!) . - The court found that the deceased's condition and the impact on his family warranted compassionate appointment, comparing it to death-in-harness cases (!) (!) . - Safeguards are in place to prevent misuse, such as ensuring total incapacity and not allowing appointments for employees nearing superannuation on medical grounds (!) (!) . - The son’s seniority for compassionate appointment begins from the date he became an Engineering Graduate (!) (!) . - The court directed the consideration of the son’s appointment when a vacancy arises (!) (!) .

How can compassionate appointments be granted when an employee voluntarily retires due to a serious medical condition without formal medical certification of unfitness?

What are the rights of the legal heir of an employee who dies after voluntarily retiring due to a serious medical condition for compassionate appointment?

Under what conditions is a provision denying compassionate appointments to voluntarily retired employees considered discriminatory?