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JASGURPREET SINGH PURI
Anandi Devi – Appellant
Versus
Oriental Bank of Commerce – Respondent
| Table of Content |
|---|
| 1. petition for writ regarding ex-gratia relief. (Para 1 , 2) |
| 2. criteria for calculating family income for ex-gratia. (Para 3 , 4 , 5) |
| 3. family pension calculation established in prior judgment. (Para 6 , 9) |
| 4. arguments against entitlement for ex-gratia relief. (Para 7 , 8) |
| 5. ruling in favor of granting ex-gratia relief. (Para 10 , 11) |
JUDGMENT
Jasgurpreet Singh Puri, J. (Oral)
The present petition has been filed under Articles 226/227 of the Constitution of India seeking a writ in the nature of certiorari/mandamus for quashing of the action of the respondents in not releasing her the financial aid (ex- gratia) in terms of the scheme of the bank and further quashing of the order dated 28.01.2006 (Annexure P-7) whereby her prayer for grant of financial relief for ex-gratia has been declined arbitrarily.
2. Learned counsel for the petitioners submitted that petitioner No.1 is a widow of late Shri Jagdish Parshad who was working in the respondent-Bank and unfortunately died on 20.08.2003 while on duty. The petitioner had prayed for grant of compassionate appointment to her son and also for ex-gratia payment and the same relief has also been claimed in the present petitio
Compassionate appointment claims depend on the family's financial condition; income over the threshold can justify rejection.
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....
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 ....
Compassionate appointment applications must be filed in a timely manner; mere death of an employee does not entitle family to automatic benefits without demonstrating need.
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