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VENKATA JYOTHIRMAI PRATAPA
B. Nagalakshmi – Appellant
Versus
Branch Manager – Respondent
JUDGMENT
1. This Writ Petition is filed under Article 226 of the Constitution of India seeking a direction in the nature of Mandamus declaring the inaction on the part of the Respondent Nos., 1 to 4 in not considering the application of petitioner dtd. 29/1/2015 and the representation dtd. 18/4/2018 and consequently, seeking to direct the Respondent Nos.1 to 4 to consider the petitioner for appointment in a suitable post in the State Bank of India on compassionate grounds, without insisting the signature of Respondent Nos.5 and 6 in Annexure-II as dependents to the deceased.
2. The case of the Petitioner in brief is as follows:
2.1. One B.N.K.Krishna Kishore, who joined in the service as Assistant Manager in Respondent Bank, Kakinada, on 20/8/2007, died on 29/10/2014, leaving behind the Petitioner/his wife, minor son, aged about six years, besides his parents/Respondent Nos.5 and 6. It is the Petitioner's case that, during the life time of her husband, his parents used to harass her and she has no cordial relations with Respondent Nos., 5 and 6.
2.2. On 29/1/2015, Petitioner has applied to Respondent Nos.1 to 4 seeking a suitable job to her on compassionate grounds. Respondent No.5
The main legal point established in the judgment is that the rejection of a compassionate appointment request must be based on valid and reasoned grounds, considering the financial distress of the pe....
Point of law: compassionate appointment could not be denied on the ground that family benefit scheme was available, in as much as it was not a substitute for compassionate appointment, directed the r....
Compassionate appointment is a benevolent scheme aimed at providing immediate financial relief to the family of a deceased government employee, and the requirement of being a 'local candidate' should....
Point of law: In the case of appointment considering the social and economic justice as enshrined in the constitution, denials of deserving cases are liable to be set aside. Further, the purpose of p....
FAMILY PENSION - 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....
Compassionate appointment is an exception and a concession, not a right, and should be made strictly in accordance with the rules. Long delays can lead to the rejection of compassionate appointments.
Compassionate appointment applications must be submitted within one year of the employee's death, with strict adherence to guidelines to ensure timely relief for families in financial distress.
Compassionate appointments should consider actual hardships faced by dependants rather than strict adherence to procedural timelines, promoting social justice and support for indigent families.
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