JUDGMENT

Dr. AR. Lakshmanan, J. - Leave granted.

2. The present appeal is filed by the Union Bank of India against the final judgment dated 25.2.2005 of the Division Bench of the High Court of Kerala at Ernakulam in Writ Appeal No. 883 of 2003 where the High Court has upheld the judgment of the learned single Judge which ordered the appellant-Bank to grant employment to the respondent in terms of the directions of the learned single Judge on compassionate grounds.

3. It is settled law that the compassionate employment has to be granted in very rare necessitous circumstances.

4. The appellant-Bank in order to reduce the individual human discretion, had formulated a Scheme for employment on compassionate grounds in terms of the judgment of this Court in Umesh Kumar Nagpal vs. State of Haryana & Ors, (1994) 4 SCC 138. The Scheme provides that the compassionate employment is meant only for cases where the bereaved person’s family is in grave penury.

5. The Scheme further provides the system for computation of the financial condition of the concerned family including the various heads of recurring and fixed incomes receivable by the family to determine their entitlement for the compassion