IN THE HIGH COURT AT CALCUTTA
ANANYA BANDYOPADHYAY
Tapati Ganguly – Appellant
Versus
United Bank of India – Respondent
Judgment :
Ananya Bandyopadhyay, J.
1. The petitioner has prayed for a writ in the nature of mandamus directing the respondents to set aside the letter dated 6th November, 2019 being Ref: PA(AS)/DIH/N-85/1075/2019 issued by the Respondents and provide compassionate appointment to the petitioner no.2.
2. The deceased, Shyamal Kumar Ganguly, was an employee of the United Bank of India, Durgapur Branch, serving as an Ex-Daftary, holding SPF No. 22365. He died in harness on 4th October 2015, leaving behind his widow (petitioner no.1), his only daughter (petitioner no.2), and his aged, ailing mother, Smt. Sabitri Ganguly. All three were wholly dependent on the income of the deceased employee. The deceased had no other legal heirs or representatives.
3. At the time of his death, the age of the widow was around 48 years, the daughter was approximately 33 years old and was the mother of a 5-year-old male child. The husband of Petitioner No. 2 remained largely unemployed, occasionally engaged in low-paying contractual work, rendering her financially dependent. The mother of the deceased, Smt. Sabitri Ganguly, is over 85 years of age, suffers from chronic ailments, and requires regular medical a
The denial of compassionate appointment based solely on marital status is arbitrary, violating equal treatment principles under Article 14.
Compassionate appointment is a discretionary relief based on the immediate financial needs of the family, requiring a thorough assessment of all income sources and benefits received.
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.
The compassionate appointment policy requires fair assessment of family income post-death without arbitrary inclusion of unrelated income, especially in urgent financial situations.
The main legal point established in the judgment is that the eligibility for compassionate appointment is based on dependency and financial need, rather than notions of birthright or inheritance, and....
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.
The main legal point established in the judgment is that the rejection of a compassionate appointment request must be based on valid and reasoned grounds, considering the financial distress of the pe....
Compassionate appointment is not a right but a measure to assist families in financial distress, and is contingent on family employment status and compliance with rules.
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 not a vested right and must consider the financial condition of the deceased employee's family, which was not in distress in this case.
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