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IN THE HIGH COURT OF JUDICATURE AT PATNA
PARTHA SARTHY
Rahul Kumar Singh Son of Late Tarkeshwar Singh @ Talkeshwar Singh – Appellant
Versus
State Bank of India, Patna through the General manager – Respondent
| Table of Content |
|---|
| 1. judicial interpretation of compassionate appointment criteria. (Para 13) |
| 2. court's directives on ex-gratia and pension payments. (Para 14 , 15) |
| 3. conclusion of the application with directives. (Para 16) |
JUDGMENT :
Partha Sarthy, J.
Heard learned counsel for the petitioner and learned counsel for the respondents State Bank of India (herein after referred to as ‘the Bank’).
2. The petitioner has filed the instant application for a direction to the respondents to appoint the petitioner on the post of messenger (sandesh wahak) on compassionate ground on account of the death of his father who died in harness on 12.5.2003. Further prayer is made for directing the respondents to pay an ex-gratia amount on account of the death of petitioner’s father, to restart the petitioner’s family pension which was being paid to him till January, 2018 and for all other reliefs to which the petitioner is found entitled.
3. The relevant facts in brief are that the father of the petitioner who was working on the post of a messenger (sandesh wahak) in the Anisabad Branch of the Bank died on 12.5.2003 while in service. The mother of the petitioner having predeceased his father, on attaining ma
Compassionate appointment applications must be filed in a timely manner; mere death of an employee does not entitle family to automatic benefits without demonstrating need.
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....
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....
Compassionate appointment claims depend on the family's financial condition; income over the threshold can justify rejection.
FAMILY PENSION - Grant of family pension or payment of terminal benefits cannot be treated as a substitute for providing employment assistance. The High Court also observed that it is not the case of....
The court established that financial benefits received by a deceased employee's family must be assessed against their liabilities to determine eligibility for compassionate appointment.
Timeliness of applications under compassionate appointment schemes is crucial; late submissions may lead to dismissal.
Compassionate appointments must be made promptly following a breadwinner's death; delayed applications undermine their purpose.
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