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J U D G M E N T (Arising Out of SLP (C) NO. 2432 OF 2006) Dr. AR. Lakshmanan, J.

Leave granted.

On 07.08.1996, the Government of India, Ministry of Finance, issued guidelines regarding scheme of appointment of dependents of deceased employees on compassionate grounds, which were entirely based on the observations of this Court in Umesh Kumar Nagpal vs. State of Haryana & Ors., (1994) 4 SCC 138. Subsequently, on 23.08.1996, the Indian Banks Association issued a circular suggesting to all Public Sector Banks, certain amendments to the scheme on compassionate appointment, while taking into account the financial condition of the family, the family pension, gratuity, proceeds of LIC, etc should be taken into consideration. Based on the guidelines issued by the Government of India and the Indian Banks Association, the appellant Bank framed a scheme for appointment on compassionate grounds for dependent of deceased employees. A memorandum of the same was presented before the Central Board of the Bank, which was approved on 16.11.1996.

It is against this order and judgment of the Punjab and Haryana High Court, this Civil Appeal by way of Special Leave Petition is preferred by the appellant Bank in this Court. Learned senior counsel Mr. Mukul Rohtagi appeared on behalf of the appellant Bank and learned Counsel Mr. P.N.Puri appeared for the respondent.

It was submitted by Mr. Mukul Rohtagi, that the High Court has failed to appreciate that the respondent could be considered for compassionate appointment only under the scheme framed by the Bank. Hence the provisions of the scheme viz. compassionate appointment applies only in cases wherein the deceased has left the family in penury and without any means of livelihood are required to be taken into consideration. Also the appellant-Bank, as per the Scheme, is required to look at the penurious condition/indigent circumstances existing at the time of death of the sole breadwinner, warranting such compassion. And in any case if there does not exist any such circumstances, a writ of mandamus, cannot be issued, de hors the scheme. It was submitted that, the High Court failed to appreciate that in the present case the family of the deceased employee consists of widow, twin daughters and one son, and the financial condition of the family is as under:

2 SCC 718 that the Court cannot order appointment on compassionate ground, de hors the provisions of the statutory regulations and instructions and that hardship of the candidate does not entitle him to compassionate appointment de hors the statutory provisions.

The High Court also failed to appreciate that the appointment under the scheme of compassionate appointment was at the discretion of the authority which was to be exercised keeping in view the scheme and the object/rationale behind it. It was submitted that compassionate appointment cannot be claimed as a matter of right. Moreover the public office is not heritable.

h) Size of the family and liabilities, if any, etc. were taken into consideration by the Competent Authority and based on these details appointment was declined to the respondent on compassionate ground.

Also we are of the view that the specially constituted authorities in the rules or regulations like the competent authority in this case are better equipped to decide the cases on facts of the case and their objective finding arrived on the appreciation of the full facts should not be disturbed. Both the Benches of the High Court that heard this present matter have erred in entertaining the claim of the respondent and allowing the claim of the respondent. This was the view taken in a recent decision of this Court in Union Bank of India and Others vs. M.T. Latheesh (supra), where the court observed that, "Learned Single Judge and the Division Bench by directing appointment has fettered the discretion of the appointing and selecting authorities. The Bank had considered the application of the respondent in terms of the statutory scheme framed by the Bank for such appointment". Finally in the fact situation of this case, Sri. Sukhbir Inder Singh (late), Record Assistant (Cash & Accounts) on 01.08.1999, in the Dhab Wasti Ram, Amritsar branch, passed away. The respondent, widow of Sri. Sukhbir Inder Singh applied for compassionate appointment in the appellant Bank on 05.02.2000 under the scheme which was formulated in 2005. The High Court also erred in deciding the matter in favour of the respondent applying the scheme formulated on 04.08.2005, when her application was made in 2000. A dispute arising in 2000 cannot be decided on the basis of a scheme that came into place much after the dispute arose, in the present matter in 2005. Therefore, the claim of the respondent that the income of the family of deceased is Rs.5855/- only, which is less than 40% of the salary last drawn by Late Shri. Sukhbir Inder Singh, in contradiction to the 2005 scheme does not hold water.