Rajasthan High Court - Jodhpur
Mukesh Kumar Soni vs General Manager P.N.B. & Anr on 16 May, 2018
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10017 / 2016
Mukesh Kumar Soni s/o Late Sh.Sohan Lal Soni, aged about 23
years, r/o Plot No.41, Rana Pratap Colony, Near City Hospital, Sri
Ganganagar (Raj.).
----Petitioner
Versus
1. General Manager Punjab National Bank Personal Administration
Division Head Quarter Bhikaiji Cama Place, New Delhi.
2. Chief Manager Branch Office Punjab National Bank, Meera
Chowk, Sri Ganganagar.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr.Sushil Bishnoi
For Respondent(s) : Mr.Jagdish Vyas
_____________________________________________________
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment
Reserved on 10/05/2018
Pronounced on 16/05/2018
1. This writ petition under Article 226 of the Constitution
of India has been preferred claiming the following reliefs:-
"i) by an appropriate writ, order or direction, the
communication/order dated 20.02.2016 (Annexure-
4) passed by the respondents may kindly be quashed
and set aside and further respondents may kindly be
directed to give the appointment to petitioner as
compassionate appointment for suitable post.
ii) Any other appropriate writ, order or direction
which this Hon'ble Court may deem just and proper
in the facts and circumstances of the case may kindly
be passed in favour of the petitioner."
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2. Brief facts of this case, as noticed by this Court, are
that father of the petitioner was an employee of the respondent-
Bank, and while being posted as Head Cashier, he expired on
21.05.2015, due to severe illness.
3. The petitioner's father was suffering from malignancy,
and thus, was undergoing treatment at Medanta Hospital situated
at Gurgaon, Haryana and remained hospitalized for a very long
period.
4. This Court has seen from the record that exorbitant
expenditure has been incurred on the treatment of malignancy of
the petitioner's father.
5. The petitioner has moved an application (Annexure-3 of
the writ petition) seeking compassionate appointment, on account
of death of his father, which was duly recommended by the lower
authorities to the higher authorities. The scheme for
compassionate appointment, as was in existence in the
respondent-Bank, is reproduced hereinbelow:
"Scheme for Compassionate Appointment to a
dependent family member of a deceased
employee/employee retired on medical grounds
1. NAME OF THE SCHEME:
The Scheme is to be called the "Scheme for
Compassionate Appointment to a Dependent Family
Member of a Deceased Employee/Employee Retired on
Medical Grounds due to Incapacitation before reaching
the age of 55 years".
2. OBJECT OF THE SCHEME:
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To enable family of a deceased employee/employee
retired on medical grounds due to incapacitation
before reaching the age of 55 years, tide over the
sudden financial crisis.
3. DEFINITIONS UNDER THE SCHEME:
i) 'Employee' would mean and include only a
confirmed regular employee who was serving full time
or part-time on scale wages, at the time of
death/retirement on medical grounds, before reaching
age of 55 years. The term does not include any one
engaged on contract/temporary/casual or any person
who is paid on commission basis.
ii) 'Bank' means Punjab National Bank.
iii) 'Board' means Board of Directors of Punjab
National Bank.
iv) 'Competent Authority' means an Official as
approved by the Board in terms of the Scheme.
v) 'Executive Director' would mean Executive Director
of Punjab National Bank.
vi) 'General Manager' would mean General Manager of
Punjab National Bank, an Executive of the Bank
designated as such, and would include an Executive
who may work or officiate in a stop-gap arrangement
as such, irrespective of his actual designation.
vii) 'Scheme' would mean "Scheme for Compassionate
Appointment to a Dependent Family Member of a
Deceased Employee/Employee Retired on Medical
Grounds due to Incapacitation before reaching the age
of 55 years".
4. COVERAGE:
4.1 To a dependent family member of a permanent
employee of the Bank who -
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a) Dies while in service (including death by suicide)
b) Is retired on medical grounds due to incapacitation
before reaching the age of 55 years. (Incapacitation is
to be certified by a duly appointed Medical Board in a
Government Medical College/Government District
Head Quarter Hospitals/Panel of Doctors nominated by
the Bank for the purpose).
4.2 For the purpose of the Scheme, "employee" would
mean and include only a confirmed regular employee
who was serving full time or part-time on scale wages,
at the time of death/retirement on medical grounds,
before reaching age of 55 years and does not include
any one engaged on contract/temporary/casual or any
person who is paid on commission basis.
5. DEPENDENT FAMILY MEMBER:
5.1 Spouse; or
5.2 Wholly dependent son(including legally adopted
son); or
5.3 Wholly dependent daughter (including legally
adopted daughter); or
5.4 Wholly dependent brother or sister in the case of
unmarried employee
6. AUTHORITY COMPETENT TO MAKE
COMPASSIONATE APPOINTMENT
6.1 Chairman & Managing Director.
6.2. Executive Director holding current charge of
Chairman & Managing Director.
6.3. Board of Directors in special types of cases.
6.4. While dealing with proposals for appointment on
compassionate grounds in otherwise eligible cases,
where disciplinary action was pending against the
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deceased employee/employee retired on medical
grounds or if the deceased employee was involved in
serious financial irregularities, embezzlement of funds,
committing frauds, etc., bank will continue to abide by
the guidelines issued by the Government of India,
requiring consideration and decision in each case by
the Board of the Bank/Authority appointed by the
Board.
7. POSTS TO WHICH APPOINTMENTS CAN BE
MADE:
7.1 The appointment shall be made in the clerical and
sub-staff cadre only.
8. ELIGIBILITY:
8.1 The family is indigent and deserves immediate
assistance for relief from financial destitution; and
8.2 Applicant for compassionate appointment should
be eligible and suitable for the post in all respects
under the provisions of the relevant Recruitment
Rules.
9. EXEMPTIONS:
9.1 Compassionate Appointment under the Scheme
are exempted from observance of the following
requirements:
9.1.1 Normal Recruitment Procedure i.e., without the
agency of selection like IBPS/Employment Exchange,
Recruitment Board of Bank, etc.
9.1.2 The ban orders on filling up of posts issued by
Government of India or any controlling authority.
10. RELAXATIONS:
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10.1 Upper age limit may be relaxed wherever found
to be necessary. The lower age limit should, however,
in no case be relaxed below 18 years of age.
(Note-1: Age eligibility shall be determined with
reference to the date of application and not the date of
appointment;
Note-2: Authority competent to take a final decision
for making compassionate appointment in a case shall
be competent to grant relaxation of age limit also for
making such appointment).
11. TIME LIMIT FOR CONSIDERING
APPLICATIONS:
11.1 Application for employment under the Scheme
from eligible dependent should normally be considered
upto five years from the date of death or retirement
on medical grounds and decision to be taken on merit
in each case.
11.2 However, Bank can consider request for
compassionate appointment even when the death or
retirement on medical grounds of the employee took
place long back, even five years ago. While
considering such belated requests, it should, however,
be kept in view that the concept of compassionate
appointment is largely related to the need for
immediate assistance to the family of the employee in
order to relieve it from economic distress. The very
fact that the family has been able to manage
somehow all these years should normally be taken as
adequate proof that the family had some dependable
means of subsistence. Therefore, examination of such
cases would call for a great deal of circumspection.
The decision to make appointment on compassionate
grounds in such cases may, therefore, be taken only
at the Board level.
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12. DETERMINATION/AVAILABILITY OF
VACANCIES:
12.1 Appointment on compassionate grounds shall be
made only on regular basis and that too, only if
regular vacancies meant for that purpose are
available.
12.2 Compassionate appointment shall be made upto
a maximum of 5% of vacancies falling under direct
recruitment quota in clerical cadre or vacancies
identified in the substaff category. The Bank shall hold
back 5% of vacancies in the aforesaid categories to be
filled by appointment on compassionate grounds. A
person selected for appointment on compassionate
grounds should be adjusted in the recruitment roster
against appropriate category, viz., SC/ST/OBC/General
Category, depending upon the category to which
he/she belongs.
12.3 Widow appointed on compassionate ground upon
re-marriage will be allowed to continue in service,
even after re-marriage.
13. WHERE THERE IS AN EARNING MEMBER:
13.1 In deserving cases, even when there is already
an earning member in the family, a dependent family
member may be considered for compassionate
appointment with the prior approval of the competent
authority of the bank who, before approving such
appointment, will satisfy himself that grant of
compassionate appointment is justified, having regard
to the number of dependents, assets and liabilities left
by the employee, income of the earning member as
also his liabilities including the fact that the earning
member is residing with the family of the employee
and whether he should not be a source of support to
other members of the family.
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13.2 In cases where any member of the family of the
deceased or medically retired employee is already in
employment and is not supporting the other members
of the family of the deceased employee, extreme
caution has to be observed in ascertaining the
economic distress of the members of the family of the
deceased employee so that, the facility of appointment
on compassionate ground is not circumvented and
misused by putting forward the ground that the
member of the family already employed is not
supporting the family.
14. MISSING EMPLOYEE:
Cases of missing employees are also covered under
the scheme for compassionate appointment subject to
the following conditions:-
14.1 A request to grant the benefit of compassionate
appointment can be considered only after a lapse of at
least 2 years from the date from which the Employee
has been missing, provided that:
(i) An FIR to this effect has been lodged with the
Police,
(ii) The missing person is not traceable, and
(iii) The competent authority feels that the case is
genuine;
14.2 This benefit will not be applicable to the case of
an Employee:-
(i) Who had less than two years to retire on the date
from which he has been missing; or
(ii) Who is suspected to have committed fraud, or
suspected to have joined any terrorist organisation or
suspected to have gone abroad.
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14.3 Compassionate appointment in the case of a
missing employee also would not be a matter of right
as in the case of others and it will be subject to
fulfilment of all the conditions, including the
availability of vacancy, laid down for such appointment
under the scheme;
14.4 While considering such a request, the results of
the Police investigation should also be taken into
account; and
14.5 A decision on any such request for
compassionate appointment should be taken only at
the level of the Chairman & Managing Director of the
Bank."
15. PROCEDURE:
a) The prescribed proforma for ascertaining necessary
information and processing the cases of
compassionate appointment is enclosed as per
Annexure-II & III. Check list is available at Annexure-
IV.
b) Some suitable Officer from the concerned
Branch/Circle/HO Division, as the case may be, would
meet the members of the family of the employee in
question immediately after his death to advise and
assist them in getting appointment on compassionate
ground. The applicant should be called in person at the
very first stage and advised in person about the
requirements and formalities to be completed by
him/her.
c) An application for appointment on compassionate
ground shall be considered by the Committee of
officers consisting of three officers as under:
• General Manager-PAD/HRD - Chairman of the
Committee
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• Deputy General Manager-PAD/HRD - Member
• Assistant General Manager - PAD/HRD - Member
The Committee shall meet during the second week of
every month to consider cases received during the
previous month. The applicant may also be granted
personal hearing by the committee, if necessary, for
better appreciation of facts of the case. The
recommendation of the committee shall be placed
before the Competent Authority for a decision. If the
Competent Authority disagrees with the committee's
recommendation, such cases may be referred to the
Board for decision.
16. UNDERTAKING FOR MAINTENANCE OF THE
FAMILY OF THE DECEASED EMPLOYEE:
The person appointed on compassionate grounds
under the Scheme, shall give an undertaking in writing
as per Annexure-II that he/she will maintain properly
the other family members who were dependent on the
deceased employee in question, and in case it is
proved subsequently (at any time) that the family
members are being neglected or are not maintained
properly by him/her, his or her appointment may be
terminated forthwith. This clause shall be incorporated
as one of the conditions in the offer of appointment
applicable only in the case of appointment on
compassionate ground.
17. REQUEST FOR CHANGE IN POST/PERSON:
When a person has been appointed on compassionate
ground to a particular post, the set of circumstances,
which led to such appointment, should be deemed to
have ceased to exist. Therefore -
a) He/she should strive in his/her career like his/her
colleagues for future advancement and any request for
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appointment to any higher post on considerations of
compassion shall invariably be rejected.
b) An appointment on compassionate ground cannot
be transferred to any other person and any request for
the same on consideration of compassion shall
invariably be rejected.
18. SENIORITY:
A person appointed on compassionate ground in a
particular year may be placed at the bottom of all the
candidates recruited/appointed through direct
recruitment, promotion, etc. in that year, irrespective
of the date of joining of the candidate on
compassionate ground.
19. TERMINATION OF SERVICE:
The Compassionate Appointment Scheme can be
terminated on the ground of noncompliance of any
condition stated in the offer of appointment after
providing an opportunity to the compassionate
appointee by way of issue of show cause notice asking
him/her to explain why his/her services should not be
terminated for non-compliance of condition(s) in the
offer of appointment and it is not necessary to follow
the procedure prescribed in the Disciplinary Action and
Procedure therefor.
In order to check misuse of this provision, the power
of termination of service for noncompliance of the
conditions in the offer of compassionate appointment
shall vest only with the Chairman & Managing Director
of the Bank.
20. GENERAL:
i) Appointment made on grounds of compassion shall
be done in such a way that persons appointed to the
post do have the essential educational and technical
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qualifications and experience required for the post
consistent with the requirement of maintenance of
efficiency of administration.
ii) It is not the intention to restrict employment of a
family member of the deceased or medically retired
sub-staff employee to an erstwhile sub-staff post only.
As such, a family member of such erstwhile sub-staff
employee can be appointed to a clerical post for which
he/she is educationally qualified, provided a vacancy
in clerical post exists for this purpose.
iii) An application for compassionate appointment
shall, however, not be rejected merely on the ground
that the family of the employee has received the
benefits under the various welfare schemes. While
considering a request for appointment on
compassionate ground a balanced and objective
assessment of the financial condition of the family
shall be made taking into account its assets and
liabilities (including the benefits received under the
various welfare schemes mentioned above) and all
other relevant factors such as the presence of an
earning member, size of the family etc.
iv) Compassionate appointment shall be made
available to the person concerned if there is a vacancy
meant for compassionate appointment and he or she
is found eligible and suitable under the scheme.
v) Requests for compassionate appointment
consequent on death or retirement on medical
grounds of erstwhile sub-staff may be considered with
greater sympathy by applying relaxed standards
depending on the facts and circumstances of the
case."
6. The aforementioned application submitted by the
petitioner seeking compassionate appointment however, was
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declined by the respondent-Bank vide order dated 15.02.2016
(Annexure-R/3) and the same has been communicated to the
petitioner vide letter dated 20.02.2016 (Annexure-4).
7. As per learned counsel for the petitioner, since the
petitioner has submitted the application for compassionate
appointment under the aforequoted scheme, therefore, he ought
to have been given such appointment.
8. Learned counsel for the petitioner has relied upon the
precedent law laid down by the Hon'ble Apex Court in Canara
Bank & Anr. Vs. M.Mahesh Kumar, reported in (2015) 7 SCC
412, relevant portion of which reads as under:
".... ..... . ..
17. In Umesh Kumar Nagpal v. State of
Haryana [(1994) 4 SCC 138 : 1994 SCC (L&S)
930 : (1994) 27 ATC 537] , while emphasising
that a compassionate appointment cannot be
claimed as a matter of course or in posts above
Classes III and IV, this Court had observed that:
(SCC p. 140, para 2)
'2. ... The whole object of granting
compassionate employment is thus to enable
the family to tide over the sudden crisis. The
object is not to give a member of such family a
post much less a post for post held by the
deceased. What is further, mere death of an
employee in harness does not entitle his family
to such source of livelihood. The Government or
the public authority concerned has to examine
the financial condition of the family of the
deceased, and it is only if it is satisfied, that but
for the provision of employment, the family will
not be able to meet the crisis that a job is to be
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offered to the eligible member of the family. The
posts in Classes III and IV are the lowest posts
in non-manual and manual categories and hence
they alone can be offered on compassionate
grounds, the object being to relieve the family,
of the financial destitution and to help it get
over the emergency. The provision of
employment in such lowest posts by making an
exception to the rule is justifiable and valid since
it is not discriminatory. The favourable
treatment given to such dependant of the
deceased employee in such posts has a rational
nexus with the object sought to be achieved viz.
relief against destitution. No other posts are
expected or required to be given by the public
authorities for the purpose. It must be
remembered in this connection that as against
the destitute family of the deceased there are
millions of other families which are equally, if
not more destitute. The exception to the rule
made in favour of the family of the deceased
employee is in consideration of the services
rendered by him and the legitimate
expectations, and the change in the status and
affairs, of the family engendered by the
erstwhile employment which are suddenly
upturned.'
***
20. Thus, while considering a claim for employment on compassionate ground, the following factors have to be borne in mind:
(i) Compassionate employment cannot be made in the absence of rules or regulations issued by the Government or a public authority. The request is to be considered strictly in accordance with the governing scheme, and no discretion as (15 of 23) [CW-10017/2016] such is left with any authority to make compassionate appointment dehors the scheme.
(ii) An application for compassionate employment must be preferred without undue delay and has to be considered within a reasonable period of time.
(iii) An appointment on compassionate ground is to meet the sudden crisis occurring in the family on account of the death or medical invalidation of the breadwinner while in service. Therefore, compassionate employment cannot be granted as a matter of course by way of largesse irrespective of the financial condition of the deceased/incapacitated employee's family at the time of his death or incapacity, as the case may be.
(iv) Compassionate employment is permissible only to one of the dependants of the deceased/incapacitated employee viz. parents, spouse, son or daughter and not to all relatives, and such appointments should be only to the lowest category that is Class III and IV posts."
(emphasis supplied)
17. Applying these principles to the case in hand, as discussed earlier, the respondent's father died on 10-10-1998 while he was serving as a clerk in the appellant Bank and the respondent applied timely for compassionate appointment as per the scheme "Dying in Harness Scheme" dated 8-5- 1993 which was in force at that time. The appellant Bank rejected the respondent's claim on 30-6-1999 recording that there are no indigent circumstances for providing employment to the respondent. Again on 7-11-2001, the appellant Bank sought for particulars in connection with the (16 of 23) [CW-10017/2016] issue of the respondent's employment. In the light of the principles laid down in the above decisions, the cause of action to be considered for compassionate appointment arose when Circular No. 154 of 1993 dated 8-5-1993 was in force. Thus, as per the judgment referred in Jaspal Kaur case [(2007) 9 SCC 571 : (2007) 2 SCC (L&S) 578] , the claim cannot be decided as per 2005 Scheme providing for ex gratia payment. The Circular dated 14-2-2005 being an administrative or executive order cannot have retrospective effect so as to take away the right accrued to the respondent as per Circular of 1993.
18. It is also pertinent to note that 2005 Scheme providing only for ex gratia payment in lieu of compassionate appointment stands superseded by the 2014 Scheme which has revived the scheme providing for compassionate appointment. As on date, now the scheme in force is to provide compassionate appointment. Under these circumstances, the appellant Bank is not justified in contending that the application for compassionate appointment of the respondent cannot be considered in view of passage of time.
19. Insofar as the contention of the appellant Bank that since the respondent's family is getting family pension and also obtained the terminal benefits, in our view, is of no consequence in considering the application for compassionate appointment. Clause 3.2 of the 1993 Scheme says that in case the dependant of the deceased employee to be offered appointment is a minor, the Bank may keep the offer of appointment open till the minor attains the age of majority. This would indicate that granting of terminal benefits is of no consequence because even if terminal benefit is given, if the applicant is (17 of 23) [CW-10017/2016] a minor, the Bank would keep the appointment open till the minor attains majority.
20. In Balbir Kaur v. SAIL [(2000) 6 SCC 493 :
2000 SCC (L&S) 767] , while dealing with the application made by the widow for employment on compassionate ground applicable to the Steel Authority of India, contention raised was that since she is entitled to get the benefit under Family Benefit Scheme assuring monthly payment to the family of the deceased employee, the request for compassionate appointment cannot be acceded to. Rejecting that contention in para 13, this Court held as under: (SCC p. 503) "13. ... But in our view this Family Benefit Scheme cannot in any way be equated with the benefit of compassionate appointments. The sudden jerk in the family by reason of the death of the breadearner can only be absorbed by some lump sum amount being made available to the family --
this is rather unfortunate but this is a reality. The feeling of security drops to zero on the death of the breadearner and insecurity thereafter reigns and it is at that juncture if some lump sum amount is made available with a compassionate appointment, the grief-stricken family may find some solace to the mental agony and manage its affairs in the normal course of events. It is not that monetary benefit would be the replacement of the breadearner, but that would undoubtedly bring some solace to the situation."
21. Referring to SAIL case [(2000) 6 SCC 493 :
2000 SCC (L&S) 767] , the High Court has rightly held that the grant of family pension or payment of terminal benefits cannot be treated as a substitute for providing employment assistance. The High Court also observed that it is not the case of the (18 of 23) [CW-10017/2016] Bank that the respondents' family is having any other income to negate their claim for appointment on compassionate ground.
22. Considering the scope of the scheme "Dying in Harness Scheme 1993" then in force and the facts and circumstances of the case, the High Court rightly directed the appellant Bank to reconsider the claim of the respondent for compassionate appointment in accordance with law and as per the Scheme (1993) then in existence. We do not find any reason warranting interference.
23. So far as the cases in Civil Appeal No. 266 of 2008 and Civil Appeal No. 267 of 2008 are concerned, they are similar and those respondents are similarly placed and the appeals preferred by the Bank are liable to be dismissed. The appellant Bank is directed to consider the case of the respondents in Civil Appeals Nos. 266 and 267 of 2008.
24. In the result, all the appeals preferred by the appellant Bank are dismissed and the appellant Bank is directed to consider the case of the respondents for compassionate appointment as per the Scheme which was in vogue at the time of death of the employee concerned. In the facts and circumstances of the case, we make no order as to costs."
9. Per contra, learned counsel for the respondents has vehemently opposed the aforesaid submissions made on behalf of the petitioner.
10. Learned counsel for the respondents has stated that a well reasoned order has been passed by the respondent-Bank. The (19 of 23) [CW-10017/2016] affluence of the family of the petitioner shows that they are not in the requirement of the compassionate appointment.
11. Learned counsel for the respondents has relied upon the precedent law of General Manager (D&PB) & Ors. Vs. Kunti Tiwary & Anr., reported in (2004) 7 SCC 271, relevant portion of which reads as under:-
"8. This recommendation of the Indian Banks' Association was accepted in the Scheme which was finally formulated on 1-1-1998 where the same criteria for determining the financial condition of the family was laid down. It may be noted that the express language for appointment on compassionate grounds reads as follows:
"Appointments in the public services are made strictly on the basis of open invitation of applications and merit. However, exceptions are made in favour of dependants of employees dying in harness and leaving their family in penury and without any means of livelihood."
9. On the basis of the criteria as recommended by the Indian Banks' Association and adopted by the appellant Bank, it could not be said that the family of the late K.N. Tiwary had been left in "penury" or "without any means of livelihood". The particulars of their income have been noted in their application and it certainly could not be said on the basis thereof that the respondents were living hand to mouth. The Division Bench erred in diluting this criteria of penury to one of "not very well-to-do".
10. In the circumstances of the case, we are of the view that the learned Single Judge was correct in dismissing the writ application of the respondents.
(20 of 23) [CW-10017/2016] The appeal is accordingly allowed and the decision of the Division Bench is overturned and the order of the learned Single Judge is upheld. There will be no order as to costs."
12. Apart from the aforesaid precedent law, learned counsel for the respondents has also relied upon the following judgments:
(i) Punjab National Bank & Ors. Vs. Ashwini Kumar Taneja, reported in (2004) 7 SCC 265;
(ii) Union Bank of India & Ors. Vs. M.T.Latheesh, reported in (2006) 7 SCC 350;
(iii) State Bank of India & Anr. Vs. Somvir Singh, reported in (2007) 4 SCC 778;
(iv) State Bank of India & Ors. Vs. Jaspal Kaur, reported in (2007) 9 SCC 571;
(v) State Bank of India & Ors. Vs. Surya Narain Tripathi, reported in (2014) 15 SCC 739;
(vi) Uco Bank (United Commercial Bank) & Ors. Vs. Devi Kishan Harijan (D.B.Spl. Appl. Writ No.722/2008 decided on 21.12.2016);
(vii) Canara Bank & Anr. Vs. M. Mahesh Kumar, reported in (2015) 7 SCC 412.
13. Learned counsel for the respondents has pointed out that the object of the scheme for compassionate appointment is to tide over the sudden financial crisis on account of death of the (21 of 23) [CW-10017/2016] bread earner, and the eligibility therefor is that the family is indigent and deserves immediate employment assistance for relieving such family of the financial destitution.
14. Learned counsel for the respondents further stated that the eligibility in the policy cannot be overlooked, and strictly in terms of the same, a careful exercise has been made by the respondents, after calculating the family pension, terminal benefits, employment of one son in private sector, the valuation of the house of the family, and therefore, the outcome of the authorities was well justified, and in accordance with the policy, as they did not find the family to be indigent enough to be given such compassionate appointment.
15. Heard learned counsel for the parties as well as perused the record of the case, alongwith the precedent laws cited at the Bar.
16. In the precedent law of Canara Bank (supra), the Hon'ble Apex Court, has categorically held that the grant of family pension and terminal benefits cannot be treated as a substitute of providing the employment assistance, so as to become a ground for denial of compassionate appointment.
17. Furthermore, in the instant case, the other grounds taken by the respondents for denial of such appointment is the value of the house of the family, which includes two sons and one daughter, and in the present times, on the rise of inflation rate and cost of living in the society, the house, which has the value of Rs.50 to 80 lacs cannot be taken as a reason for disqualifying the petitioner from compassionate appointment, and if taken to be so, (22 of 23) [CW-10017/2016] then the same does not come in the right taste, as these are the minimum assets that every family possesses, and the order dated 15.02.2016 cannot be said to be an order, which would reflect that the petitioner's family was so affluent, which would not need the compassionate appointment.
18. The Bank employee rendering services for so long was bound to have these minimum assets, which have been reflected in the order dated 15.02.2016, but the point of assessment made by the respondents should have been that a well educated family is still in doldrums on account of death of the bread earner and the assets, like house, cannot become a ground for non-extension of the immediate employment assistance, like compassionate appointment, so as to enable the family to overcome such shock, more particularly, when there is a scheme for compassionate appointment, then the relief of compassionate appointment was required to be given.
19. However, the scheme and right to consideration for compassionate appointment has not been denied by the respondents.
20. This Court also takes note of the fact that the value of the house and one brother being in private sector do not become an impediment from compassionate appointment for the family in question, which is not only grief stricken, but also has been completely washed out in the prolonged treatment of malignancy of the deceased father of the petitioner. The medical treatment costs, as examined by this Court from the record passed on by learned counsel for the petitioner, shows exorbitant expenditure, (23 of 23) [CW-10017/2016] which has been incurred upon the treatment of malignancy.
21. This Court is of the opinion that the precedent law of Canara Bank (supra) is clearly applicable to the present set of facts, as the respondents have denied the compassionate appointment only while taking into account the family assets, retiral benefits and private job of one of the sons, whereas the assessment does not induce confidence, in light of the fact that these are the minimum requirements, which cannot deprive the family from the security of compassionate appointment.
22. Thus, while following the precedent law of Canara Bank (supra), this Court allows the present writ petition, and while quashing and setting aside the impugned communication/order dated 20.02.2016 (Annexure-4), the respondents are directed to provide compassionate appointment to the petitioner on a suitable post, as per his own eligibility.
within a period of thirty days from the date of receipt of certified copy of this order.
(DR. PUSHPENDRA SINGH BHATI)J. Skant/-