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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR.JUSTICE J.SATHYA NARAYANA PRASAD, J
M. Balamurugan – Appellant
Versus
Indian Overseas Bank Rep. by its Chief Executive – Respondent
ORDER :
1. The present writ petition has been filed challenging the impugned order dated 30.04.2020 and quash the same and for a consequential direction to the respondents to consider the claim of the petitioner for providing ex-gratia payment in lieu of compassionae appointment as per the Scheme notified vide Circular dated 28.09.2015 to the petitioner
2. The brief facts of the case are as follows:-
The case of the petitioner is that his father was working as Shroff/Godown Keeper in the first respondent Bank at Chockikulam Branch, Madurai and he died while in service on 10.05.2006. The petitioner applied for appointment on compassionate grounds in the year 2006 itself. However, the same was not considered on the ground that there is no provision for compassionate appointment. Again, the petitioner applied for compassionate appointment in the prescribed format on 25.02.2019 and the same was rejected by the second respondent by its letter dated 04.03.2019. Aggrieved by the order of rejection of the Compassionate appointment, the petitioner earlier filed writ petition in W.P.No.15471 of 2019 challenging the said order for a favourably consideration of his claim for compassionate appoint
The court ruled that the absence of documentation from the bank invalidated its rejection of the petitioner's claim for ex-gratia payment, mandating reconsideration under the applicable compassionate....
Internal circulars imposing limitations must be communicated to legal heirs to be enforceable; lack of knowledge invalidates such limitations.
Timeliness of applications under compassionate appointment schemes is crucial; late submissions may lead to dismissal.
Compassionate appointment claims depend on the family's financial condition; income over the threshold can justify rejection.
The main legal point established in the judgment is that the petitioner is entitled to the ex gratia amount as sanctioned by the respondent-bank, based on the beneficial legislation and the goal set ....
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....
Compassionate appointment cannot be claimed as a right and must adhere to the governing scheme, especially after an ex-gratia payment has been received.
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