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P. B. BAJANTHRI
Prashant Kumar @ Prasant Kumar S/o Late Ranjan Kumar – Appellant
Versus
Allahabad Bank through its General Manager (H. R. ) – Respondent
JUDGMENT :
1. In the instant petition, petitioner has prayed for the following reliefs:-
(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
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....
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 financial status of the family cannot be the basis for refusing compassionate appointment to an eligible candidate.
Compassionate appointments must be made promptly following a breadwinner's death; delayed applications undermine their purpose.
The eligibility for compassionate appointment requires that the total family income must be less than 60% of the deceased’s last drawn salary, excluding independent family members' incomes.
Eligibility for compassionate appointment must be determined by the scheme in effect at the time of the employee's death, not subsequent modifications.
Compassionate appointment is an exception to the general rule and can only be granted based on fulfilling the norms laid down by the State's policy and eligibility criteria. No aspirant has a right t....
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