Back
SUJIT NARAYAN PRASAD, NAVNEET KUMAR
Prayag Singh, son of Late Vishwanath Singh – Appellant
Versus
Jharkhand Rajya Gramin Bank – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
I.A. No. 6225 of 2023
1. The instant application has been filed for condonation of delay of 60 days in filing the appeal.
2. Heard learned counsel for the parties.
3. In view of reason assigned in the application, the delay in filing the appeal is condoned.
4. Accordingly, I.A. No. 6225 of 2023 stands disposed of.
L.P.A. No. 14 of 2023
5. The instant intra-court appeal, preferred under Clause 10 of the Letters Patent, is directed against the order/judgment dated 19.10.2022 passed by learned Single Judge of this Court in W.P.(S) No.5830 of 2019 by which the claim of the writ petitioner for appointment on compassionate ground has been rejected by the authority on the ground that the day when the deceased employee, i.e., the father of the writ petitioner, had died, there was no scheme for appointment on compassionate ground.
6. Brief facts of the case as per the pleadings made in the writ proceeding, which are required to be enumerated herein, read as under :-
7. Father of the petitioner, namely, Vishwanath Singh, was initially appointed on 07.01.1986 on the post of Office Assistant in Vananchal Gramin Bank and he passed away on 13.09.2017 during his service
The main legal point established in the judgment is the prospective application of the scheme for appointment on compassionate ground dated 18.03.2019, the authority's duty to consider belated reques....
Compassionate appointment cannot be claimed as a right and must adhere to the governing scheme, especially after an ex-gratia payment has been received.
The main legal point established is that the revised scheme for compassionate appointment applies retrospectively to cases of death occurring within five years from the date of implementation, as it ....
The main legal point established in the judgment is the need to apply the provisions of the Scheme and the applicable Rules at the time of the claim and its consideration for compassionate appointmen....
The main legal point established in the judgment is that the scheme prevalent at the time of the death of the employee shall be the basis for considering the application for compassionate appointment....
The conflicting views on the applicability of the Scheme for Appointment on Compassionate ground/Payment of Ex-gratia and the need for a definitive interpretation of Clauses 8.1 and 8.2 of the Scheme....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
