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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Harjeet Singh S/o Late Shri Darshan Singh – Appellant
Versus
Oriental Bank of Commerce, Gurgaon – Respondent
| Table of Content |
|---|
| 1. petitioner challenges denial of compassionate appointment. (Para 1) |
| 2. details of deceased's employment and family's financial situation. (Para 2) |
| 3. arguments on financial distress and rejection of appointment. (Para 3 , 4) |
| 4. definition of 'indigent' and its implications. (Para 6 , 7 , 10 , 12) |
| 5. evaluation of family’s financial condition post-breadwinner's death. (Para 11 , 15 , 16) |
| 6. court's directive to reconsider compassionate appointment. (Para 18 , 19) |
JUDGMENT :
1. By way of filing this writ petition under Article 226 of the Constitution of India , the petitioner has assailed the action of the respondents in denying compassionate appointment to the dependent of the deceased employee, alleging violation of Articles 14, 16 and 300-A of the Constitution of India. The grievance of the petitioner is that the impugned orders dated 01.10.2019 and 07.03.2020 passed by Respondent No. 2 suffer from arbitrariness and are contrary to the principles of natural justice, fair play and equity.
2. That the father of the petitioner, Shri Darshan Singh, was serving as an Assistant Manager in the respondent bank and expired on 17.01.2020 during service due to ailment, as evidence
The definition of 'indigent' for compassionate appointments should reflect financial distress rather than strict poverty thresholds, emphasizing context over mechanical criteria.
The financial status of the family cannot be the basis for refusing compassionate appointment to an eligible candidate.
Compassionate appointment is an exception and a concession, not a right, and should be made strictly in accordance with the rules. Long delays can lead to the rejection of compassionate appointments.
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.
Compassionate appointment is a concession, not a legal right, and requires compliance with specific provisions while emphasizing immediate application to demonstrate need.
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.
Compassionate appointments must be made promptly following a breadwinner's death; delayed applications undermine their purpose.
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