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DIPANKAR DATTA, PRASHANT KUMAR MISHRA
Canara Bank – Appellant
Versus
Ajithkumar G. K. – Respondent
JUDGMENT :
DIPANKAR DATTA, J.
THE APPEAL
1. Canara Bank1[appellant] is in appeal, by special leave, aggrieved by the judgment and order dated 4th November, 20192[impugned order] of a Division Bench of the High Court of Kerala at Ernakulam3[High Court] dismissing an intra-court appeal that it had carried from the judgment and order dated 9th June, 2016 of a Single Bench allowing the writ petition of Ajithkumar G.K..4[respondent].
RESUME OF FACTS
2. The facts leading to this appeal are not disputed. However, a brief resume is considered necessary to decide the appeal.
b. A scheme for appointment on compassionate ground, formulated by the appellant and contained in Circular No. 154/93 dated 8th May, 19935[scheme of 1993], was in force when such death occurred. Within a month of his father’s death, the respondent applied on 15th January, 2002 seeking appointment on compassionate ground.
c. On 30th October, 2002, the respondent’s plea
Compassionate appointment requires assessment of financial distress; mere receipt of terminal benefits does not negate eligibility for such appointment.
The main legal point established in the judgment is that the scheme prevalent at the time of the death of the employee shall be the basis for considering the application for compassionate appointment....
The right to compassionate appointment is a concession given under the scheme and is not a source of recruitment. The claim for compassionate appointment is an exception to the general rule and must ....
Compassionate appointments must be made promptly following a breadwinner's death; delayed applications undermine their purpose.
Compassionate appointment lacks entitlement; eligibility hinges on defined criteria and discretionary nature of policies.
Family pension is a relevant factor in determining financial hardship for compassionate appointment under the West Bengal Central Service Commission (Selection of Persons for Appointment to the Post ....
Compassionate appointment is a concession, not a legal right, and requires compliance with specific provisions while emphasizing immediate application to demonstrate need.
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