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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mrs Justice V.BHAVANI SUBBAROYAN
Mangeshraja – Appellant
Versus
Chief General Manager, State Bank of India, Chennai – Respondent
ORDER :
1. The Writ Petition has been filed for an issuance of a Writ of Mandamus directing the respondents-Bank to consider petitioner's application dated 18.06.2016 and subsequent oral representations to provide suitable post (based on the judgment of this Court dated 13.09.2021) for compassionate appointment on account of the untimely demise of death of petitioner's father on 27.02.2015 and to pass consequential orders within three months from the date of disposal of the present petition.
2. The brief facts of the case, as averred by the petitioner are as follows:-
The petitioner's father, namely, Chakrathari was employed as a messenger in the respondent Bank for more than 18 years. While he was in service, he died on 27.02.2015 leaving behind his wife, two married daughters, one unmarried daughter and the petitioner. The family, having lost the sole breadwinner, faced significant financial constraints and the petitioner had to discontinue his diploma course in Electrical and Electronic Engineering. Therefore, the petitioner applied for compassionate appointment on 18.06.2016 which was well within 3 years, providing necessary documents (i.e. legal heir certificate & death certifica
Eligibility for compassionate appointment is determined by policies in effect at the time of the employee's death; subsequent changes cannot be applied retrospectively.
Eligibility for compassionate appointment must be determined by the scheme in effect at the time of the employee's death, not subsequent modifications.
The main legal point established is that the eligibility criteria for compassionate appointment is governed by specific provisions in the Circular dated 03.08.2015 and cannot be extended to include g....
The applicable policy for compassionate appointment is the one in force at the time of the employee's death, not the date of application filing.
Compassionate appointment is not a right but a concession and should be strictly in accordance with the prevalent rules for compassionate appointment applicable to the deceased/prematurely retired em....
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