Compassionate appointment requires proof of accidental death arising in course of employment, not mere death while on duty.

Compassionate appointment under the settlement was confined to cases where death or permanent total disablement resulted from an accident arising out of and in the course of employment. The employee's collapse while on duty did not, on the pleadings or evidence, establish an accidental death, work-related stress, or hazardous duty causing death, so the contractual condition was not satisfied. Because compassionate appointment is an exception to normal public employment and operates only within the scheme's limits, it could not be claimed merely because death occurred during working hours or while in service. Relief was therefore not available on the facts pleaded and proved.

---

---

Issues: Whether the respondent was entitled to compassionate appointment under the settlement on the basis that the deceased employee's death occurred by an accident arising out of and in the course of employment.

Analysis: The settlement governing compassionate appointment was binding and conferred the benefit only where death or permanent total disablement resulted from an accident arising out of and in the course of employment. The pleadings did not assert that the employee died due to an accident, nor that the death was caused by work-related stress or hazardous duties. The evidence showed only that he collapsed while on duty, which was not enough to satisfy the contractual and legal condition attached to the scheme. Compassionate appointment is an exception to the normal rule of public employment and can be claimed only within the limits of the scheme; it is not available merely because death occurred during working hours or in harness.

Conclusion: The claim for compassionate appointment was not maintainable on the facts pleaded and proved, and the respondent was not entitled to relief.

---