The main legal point established in the judgment is that the eligibility criteria for compassionate appointment is only as per Para 5.1 and 5.2 of the Circular dated 03.08.2015, and not as stipulated in Para 17.1.

JUDGMENT :

1. In the instant petition, petitioner has prayed for the following reliefs:-

“(i) For issuance of an appropriate writ in the nature of certiorari for quashing the order dated 27.8.2019 passed by the respondent Assistant General Manager T. D) Contained in his Ref. No. HO/Admin/TD/2019-20/Comp. Apptt./28512 dated 27. 8. 19 whereby and where under respondent Assistant Manager has been pleased to reject the Claim of appointment on Compassionate Ground on nonest ground.

(ii) Further for issuance of an appropriate Writ in the nature of MANDAMUS Commanding and directing the responding authority to appoint the petitioner on Compassionate ground due to death caused by harness of father of the petitioner. Who was discharging his duty as Executive officer (ex. C.C.) in the respondent bank.

(iii) Further for issuance of any other writ/writs, order/orders, direction/directions for which petitioner shall be found entitled Under the facts and circumstances of the case as stated herein below under principle of equitable Justice.”

2. Petitioner’s father while working in the respondent-bank service died on 24.12.2016, thereafter, petitioner submitted application for compassionate appointment on 28.09.2018. The petitioner’s claim for compassionate appointment has not been considered in the light of Paragraph 17 of the Circular dated 03.08.2015. It relates to payment of lumpsum ex-gratia amount in lieu of compassionate appointment.

3. Learned counsel for the petitioner submitted that Policy/Relief scheme of ex-gratia amount of compassionate appointment was launched on 03.08.2015 vide Circular No. 13846/PA/2015-16-26 furnished to the counter affidavit filed on behalf of the respondent-bank. Para 17 of the Circular is relating to payment of lumpsum ex-gratia amount in lieu of compassionate appointment. The criteria is general income criteria for ex-gratia may be granted to the family of the employee in the manner and subject to fulfilling specified criteria, i.e., if the monthly income of the family from all sources is less than 60% of the last drawn gross salary (net of taxes) of the employee.

4. Learned counsel for the petitioner submitted that the aforesaid clause is not attracted in the case of compassionate appointment and it is in respect of ex-gratia amount in lieu of compassionate appointment. It is further submitted that the eligibility criteria for compassionate appointment is Para 5 namely eligibility in which the clauses imposed in the Para 17 has not been reiterated so as to take note of Para 17 in respect of compassionate appointment, therefore, Para 17 is restricted to only ex-gratia amount in lieu of compassionate appointment and not for either of the scheme. Therefore, decision of the respondent in not providing compassionate appointment to the petitioner is contrary to the aforesaid clause of the Circular dated 03.08.2015 in so far as compassionate appointment.

5. Per contra, learned counsel for the respondent-bank resisted the petitioner’s contention and submitted that for the purpose of compassionate appointment the respondent-bank was required to take note of general income criteria stated in Para 17.1 of the Circular dated 03.08.2015 and it is in respect of compassionate appointment, therefore, there is no lacuna in not providing com passionate appointment to the petitioner. Learned counsel for the respondent-bank relied on Hon’ble Apex Court decisions in the case of State of Himachal Pradesh & Anr. vs. Shashi Kumar reported in (2019) 3 SCC 653. The relevant paragraphs 19, 30, 31, 32& 33 read as under:-.

“19. The policy in the present case which was formulated on 18-1-1990 categorically speaks of providing employment assistance to dependants of government servants who have died while in service, “leaving their families in indigent circumstances”. The policy, in other words, is designed to meet the needs of those families where the death of a government servant has left them in indigent circumstances, requiring immediate me