Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDIPKUMAR C. MORE, MEHROZ K. PATHAN
Pramod, S/o Govind Sagalgile – Appellant
Versus
General Manager, Canara Bank, Bangalore – Respondent
| Table of Content |
|---|
| 1. petitioner sought retirement due to health issues. (Para 2 , 3) |
| 2. petitioner argues for compassionate appointment based on medical conditions. (Para 6 , 8 , 9 , 10 , 11) |
| 3. respondent bank emphasizes requirement of medical certificate. (Para 12 , 15 , 17 , 18) |
| 4. court analyzes validity of application and grounds for rejection. (Para 23 , 24 , 26 , 27) |
| 5. court highlights arbitrary rejection without proper basis. (Para 34 , 35) |
| 6. writ petition allowed; appointment request considered on compassionate grounds. (Para 38) |
JUDGMENT :
MEHROZ K. PATHAN, J.
1. The petitioner has filed the present petition seeking the following reliefs:-
“A) This writ petition may kindly be allowed.
B) By way of issuing an appropriate order or directions to the respondent No. (1) & (2) to decide the application dt. 01.11.2013 for issuing appointment order on compassionate or any other appropriate ground to the Physically Handicapped and Disabled son of the petitioner.
BB) By issuing appropriate orders or directions the impugned letter dated 16.01.2017 issued by the Respondent – Bank annexed at Exhibit ‘M’ may kindly be quashed and set aside and further the Respondent – Bank may be directed to con
The court mandated that claims for compassionate appointment must be evaluated based on prior circulars, emphasizing that financial hardship due to medical incapacity warrants consideration without s....
The financial status of the family cannot be the basis for refusing compassionate appointment to an eligible candidate.
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 appointment lacks entitlement; eligibility hinges on defined criteria and discretionary nature of policies.
Compassionate appointment cannot be claimed as a right and must adhere to the governing scheme, especially after an ex-gratia payment has been received.
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....
The main legal point established in the judgment is the need to apply the provisions of the Scheme and the applicable Rules at the time of the claim and its consideration for compassionate appointmen....
The court ruled that the absence of documentation from the bank invalidated its rejection of the petitioner's claim for ex-gratia payment, mandating reconsideration under the applicable compassionate....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
