J. J. MUNIR
Vijay Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT :
J.J. MUNIR, J.
1. Heard Mr. Jitendra Kumar, learned Counsel for the petitioner and Mr. Yashwant Singh, learned Counsel appearing on behalf of the respondent-Bank.
2. The petitioner, Vijay Kumar, is the son of a deceased employee of the Prathama U.P. Gramin Bank. His father died in harness. The petitioner’s claim for compassionate appointment has been rejected by the respondent-Bank by the orders impugned dated 30.06.2018 and 29.12.2022. He has, therefore, moved this Court, praying that the orders aforesaid be quashed and a mandamus issued to the respondent-Bank to consider his case for grant of compassionate appointment.
3. The facts giving rise to this petition are these:
Secretary to Government, Department of Education (Primary) and Others vs. Bheemesh alias Bheemappa
The main legal point established in the judgment is the need to apply the provisions of the Scheme and the applicable Rules at the time of the claim and its consideration for compassionate appointmen....
The main legal point established is that the revised scheme for compassionate appointment applies retrospectively to cases of death occurring within five years from the date of implementation, as it ....
The compassionate appointment scheme allows dependents of deceased employees to apply for positions regardless of the employee's age at death, and applications can be considered beyond the usual five....
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....
The main legal point established in the judgment is that the scheme prevalent at the time of the death of the employee shall be the basis for considering the application for compassionate appointment....
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