2018 Supreme(Raj) 1243
IN THE HIGH COURT OF RAJASTHAN
PUSHPENDRA SINGH BHATI, J.
MUKESH KUMAR SONI - Appellant
Vs.
GENERAL MANAGER PUNJAB NATIONAL BANK - Respondent
Civil Writ Petition No. 10017 of 2016
Decided On : 16-05-2018
For the Petitioner:Sushil Bishnoi, Advocate.
For the Respondent:Jagdish Vyas, Advocate.
Headnote:
Constitution of India 1950 - private job – Employment – Appointment - Case as noticed by Court are that father of the petitioner was an employee of respondent-Bank and while being posted Head Cashier he expired due to severe illness - petitioners father was suffering from malignancy and thus was undergoing treatment at Hospital situated at Haryana and remained hospitalized for very long period –Held, Court of opinion that precedent law Bank supra is clearly applicable to present set of facts as respondents have denied compassionate appointment only while taking into account family assets benefits and private job sons whereas assessment does not induce confidence in light of fact these are minimum requirements which cannot deprive family from security of compassionate appointment – Petition allowed
Pushpendra Singh Bhati, J.
This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs :-
"(i) by an appropriate writ, order or direction, the communication/order dated 20.02.2016 (Annexure-4) passed by the respondents may kindly be quashed and set aside and further respondents may kindly be directed to give the appointment to petitioner as compassionate appointment for suitable post.
(ii) Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner."
2. Brief facts of this case, as noticed by this Court, are that father of the petitioner was an employee of the respondent-Bank, and while being posted as Head Cashier, he expired on 21.05.2015, due to severe illness.
3. The petitioner's father was suffering from malignancy, and thus, was undergoing treatment at Medanta Hospital situated at Gurgaon, Haryana and remained hospitalized for a very long period.
4. This Court has seen from the record that exorbitant expenditure has been incurred on the treatment of malignancy of the petitioner's father.
5. The petitioner has moved an application (Annexure-3 of the writ petition) seeking compassionate appointment, on account of death of his father, which was duly recommended by the lower authorities to the higher authorities. The scheme for compassionate appointment, as was in existence in the respondent-Bank, is reproduced hereinbelow :
"Scheme for Compassionate Appointment to a dependent family member of a deceased employee/employee retired on medical grounds
1. Name Of The Scheme :
The Scheme is to be called the "Scheme for Compassionate Appointment to a Dependent Family Member of a Deceased Employee/Employee Retired on Medical Grounds due to Incapacitation before reaching the age of 55 years".
2. Object Of The Scheme :
To enable family of a deceased employee/employee retired on medical grounds due to incapacitation before reaching the age of 55 years, tide over the sudden financial crisis.
3. Definitions Under The Scheme :
(i) 'Employee' would mean and include only a confirmed regular employee who was serving full time or part-time on scale wages, at the time of death/retirement on medical grounds, before reaching age of 55 years. The term does not include any one engaged on contract/temporary/casual or any person who is paid on commission basis.
(ii) 'Bank' means Punjab National Bank.
(iii) 'Board' means Board of Directors of Punjab National Bank.
(iv) 'Competent Authority' means an Official as approved by the Board in terms of the Scheme.
(v) 'Executive Director' would mean Executive Director of Punjab National Bank.
(vi) 'General Manager' would mean General Manager of Punjab National Bank, an Executive of the Bank designated as such, and would include an Executive who may work or officiate in a stop-gap arrangement as such, irrespective of his actual designation.
(vii) 'Scheme' would mean "Scheme for Compassionate Appointment to a Dependent Family Member of a Deceased Employee/Employee Retired on Medical Grounds due to Incapacitation before reaching the age of 55 years".
4. Coverage :
4.1 To a dependent family member of a permanent employee of the Bank who -
(a) Dies while in service (including death by suicide)
(b) Is retired on medical grounds due to incapacitation before reaching the age of 55 years. (Incapacitation is to be certified by a duly appointed Medical Board in a Government Medical College/Government District Head Quarter Hospitals/Panel of Doctors nominated by the Bank for the purpose).
4.2 For the purpose of the Scheme, "employee" would mean and include only a confirmed regular employee who was serving full time or part-time on scale wages, at the time of death/retirement on medical grounds, before reaching age of 55 years and does not include any one engaged on contract/temporary/casual or any person who is paid on commission basis.
5. Dependent Fam