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SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Avinash Tamsoy S/o Late Parmanand Tamsoy – Appellant
Versus
General Manager, State Bank of India, Patna – Respondent
ORDER :
I.A. No. 1884 of 2024
1. The instant interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 174 days in preferring the instant appeal.
2. Considering the reason assigned in the interlocutory application, the delay of 174 days in preferring the instant appeal is hereby condoned.
3. Accordingly, the I.A. No. 1884 of 2024 stands allowed.
L.P.A. No. 57 of 2023
Prayer
4. The instant Letters Patent Appeal filed under Clause 10 is directed against order dated 14.07.2022 passed by learned Single Judge of this Court in W.P.S. No. 3148 of 2020 whereby and whereunder, the request made by the petitioner for his appointment on compassionate ground due to the death of his father in harness, has been rejected, by respondent No. 3, having been refused to interfere by the learned Single Judge.
Facts
5. The brief facts as per the pleading made in the petition which reads for the event of factual aspects as under:
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 right to compassionate appointment is a concession given under the scheme and is not a source of recruitment. The claim for compassionate appointment is an exception to the general rule and must ....
Compassionate appointment lacks entitlement; eligibility hinges on defined criteria and discretionary nature of policies.
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....
Compassionate appointments must be made promptly following a breadwinner's death; delayed applications undermine their purpose.
Compassionate appointment is an exception and not a matter of right, and should be considered within a specific time frame as per the prevailing policy at the time of consideration.
Point of law: compassionate appointment could not be denied on the ground that family benefit scheme was available, in as much as it was not a substitute for compassionate appointment, directed the r....
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