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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
NITIN W. SAMBRE, MRS.VRUSHALI V. JOSHI, JJ
Pankaj S/o Shivnath Nikhar – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Mrs. Vrushali V. Joshi, J.
Rule. Rule made returnable forthwith. Heard finally with the consent of learned Advocates for the parties.
2. The grievance of the petitioner is that he is denied appointment on compassionate ground.
3. The father of the petitioner Mr. Shivnath Ghuvaji Nikhar was appointed as a ‘Clerk’ with the Syndicate Bank on 1.12.1983 and due to pandemic of Covid-19 he died in harness on 2.5.2021.
4. The petitioner submitted an application dated 6.7.2021 to the Deputy General Manager, Canara Bank, Pune seeking appointment on compassionate ground. The said application was forwarded to respondent No.4 - Senior Branch Manager, Canara Bank, Gandhibagh Branch, Nagpur on the very same day.
5. Respondent No.3-Assistant Manager, Canara Bank, Pune, kept the matter pending for a period of two years. The Syndicate Bank was amalgamated/merged with Canara Bank on 4.3.2020. During this time, the policy of the Canara Bank governed the appointments on compassionate ground.
6. Clause 6 of the policy of Canara Bank reads as under:-
“6. Eligibility
6.1 The family is indigent and deserves immediate assistance for relief from financial destitution; and
6.2 Applicant for compassionate app
The court ruled that the compassionate appointment policy of the Syndicate Bank, which lacks a family income cap, applies to the petitioner, entitling him to relief despite the Canara Bank's contrary....
The financial status of the family cannot be the basis for refusing compassionate appointment to an eligible candidate.
The main legal point established is that the eligibility criteria for compassionate appointment is governed by specific provisions in the Circular dated 03.08.2015 and cannot be extended to include g....
Compassionate appointment eligibility requires confirmation of employment; dependency and financial need must be carefully assessed to ensure just treatment under the relevant appointment scheme.
Compassionate appointment must strictly adhere to the prevalent rules, including financial criteria, and cannot be granted as a matter of course.
Eligibility for compassionate appointment must be determined by the scheme in effect at the time of the employee's death, not subsequent modifications.
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 not a right but a measure to assist families in financial distress, and is contingent on family employment status and compliance with rules.
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