Back
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
| Table of Content |
|---|
| 1. petition for compassionate appointment. (Para 1 , 2) |
| 2. respondents argue against eligibility based on policy. (Para 3 , 4 , 5 , 6) |
| 3. legal standings on acceptance of ex-gratia payments. (Para 7) |
| 4. court observes ineligibility due to prior acceptance of benefits. (Para 8 , 9 , 10) |
| 5. prevalent policy at the time of death governs appointment. (Para 11 , 12 , 13) |
| 6. court's reasoning on policy impact on compassionate appointment claims. (Para 14) |
| 7. writ petition dismissed. (Para 15) |
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 h
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....
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
