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 strict medical certification.

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 consider the applications of the petitioner and issue appointment order in favour of the son of the petitioner namely Vaibhav Pramod Sagalgile on compassionate ground with the Respondent – Bank and for that purpose issue necessary orders;

DD) Pending hearing and final disposal of this Writ Petition direct the Respondent – bank to consider the applications of the petitioner and issue appointment order in favour of the son of the petitioner namely Vaibhav Pramod Sagalgile on compassionate ground with the Respondent – Bank and for that purpose issue necessary orders.”

2. The petitioner joined the services of the respondent–Canara Bank as a Clerk vide appointment order dated 01.06.1989, and his service record remained satisfactory. He was promoted to the post of Officer in Junior Management Grade Scale–I on 01.03.2008. The petitioner started suffering from serious health problems from the year 2000 and underwent major surgery for Nephrotic Syndrome in the year 2001. Since then, he has been under continuous medical treatment for the said ailment and was compelled to avail medical leave and all other eligible leave due to his serious health condition. Due to prolonged illness and irregular attendance, the superior officers of the respondent–Bank advised the petitioner either to attend duties regularly or to opt for voluntary retirement from service. Although about 14 years of service were still remaining before his date of superannuation, the petitioner was left with no alternative but to seek voluntary retirement on the ground of poor health of self and his elder son. Accordingly, the petitioner submitted an application dated 22.02.2013 seeking voluntary retirement, along with necessary medical documents evidencing his medical condition, which was accepted and made effective from 01.06.2013. The petitioner’s son, Vaibhav, is a physically handicapped and disabled person and has been undergoing medical treatment for a prolonged period. The petitioner was required to incur substantial expenditure towards the medical treatment of his son. Accordingly, the petitioner also submitted medical records pertaining to his son to demonstrate the extent of his disability and incapacitation.

3. Be that as it may, the respondent–Bank accepted the petitioner’s request for voluntary retirement, and the petitioner stood retired from service with effect from 20.07.2013. Even prior to submitting the application for voluntary retirement, the petitioner had made several representations to the respondent–Bank seeking appointment of his son on compassionate grounds. The respondent– Bank, however, expressed its inability to accede to the said request by communication dated 14.12.2013, stating that appointments on compassionate grounds had been discontinued with effect from January 2004.