IMPORTANT POINT
Eligibility for compassionate appointment depends on the age criteria specified in organizational policies; exceeding this age limit disqualifies the candidate regardless of other qualifications.

JUDGMENT :

RITESH KUMAR, J.

1. Heard the present.

2. The present writ petition has been filed for quashing the letter dated 11.10.2022 passed by the Chief Manager, Sasaram Branch by which the application for appointment on compassionate ground, filed by the petitioner has been rejected on the sole ground that he is not dependent upon the deceased. Further prayer in the writ petition is for commanding the respondent nos. 1, 2 & 4 to appoint the petitioner on compassionate ground as he fulfills all the criteria to be appointed.

3. The learned counsel for the petitioner submits that the late father of the petitioner Lal Mohan Ram was working in Bank of Baroda and died in harness on 05.11.2021. The petitioner submitted his application for appointment on compassionate ground and the same was forwarded on 19.01.2022 by the competent authority.

4. The learned counsel for the petitioner further submits that the petitioner having requisite qualification, fulfills all the criteria for being appointed on compassionate ground, but even then the case of the petitioner has been rejected on the ground that he is not dependent on his father.

5. The learned counsel for the Bank places on record circular issued by the bank on 11.02.2022 whereby the bank has revised the scheme for compassionate appointment or payment of Ex-gratia financial relief to dependents of the deceased employee on compassionate ground. The learned counsel for the Bank refers to Clause 5.2 of the above-mentioned circular wherein it has been categorically notified that the “Applicant for compassionate appointment should be eligible and suitable for to the post in all respects under the provisions of the relevant Recruitment Rules which are as under at present;

(a) Applicant should be an Indian Citizen.

(b) Age

Note

The age limit (minimum and maximum) will be as per the rules applicable from time to time to direct recruitment.

In case of dependents belonging to Scheduled Castes/ Tribes/ OBCS/Widow, the concession as per government guidelines for Scheduled Castes/ Tribes/OBCS/Widow for upper age limit will continue to apply, which is at present as under:”

6. From a plain reading of the above-mentioned circular it would transpire that the maximum age prescribed for appointment on clerical cadre is 28 years of age, whereas for sub-Staff it has been fixed as 26 years and 5 years of relaxation has been given in case of candidates belonging to SC/ST Category and 3 years in case of candidate belonging to OBC category. The upper age limit for the widow of the deceased employee has also been fixed in the said circular. Relying on the said circular, the learned counsel for the Bank submits that the application of the petitioner has been rejected by the competent authority since the petitioner who belongs to Scheduled Tribes category is eligible for relaxation of 5 years of age i.e. till the age of 33 years, but the petitioner was found to be 35 years of age on the date of application, therefore his application has been rejected.

7. The learned counsel for the Bank further submits that the bank has also asked the petitioner to submit the details of the dependent of the deceased employee, so that if any of the dependents are below 33 years of age then their application for grant of compassionate appointment can be considered, in accordance with the circular dated 11.02.2022, but the same has not been provided by the petitioner. Based on the said ground, the application of the petitioner has been rejected on 11.10.2022 by the com