OM PRAKASH SHUKLA, DEVENDRA KUMAR UPADHYAYA
Chairman Baroda U. P. Bank (Erstwhile Baroda U. P. Gramin Bank), Gorakhpur – Appellant
Versus
Vivek Pandey – Respondent
JUDGMENT :
(1) Heard Shri Prashant Kumar Srivastava, learned Counsel representing the appellants/Bank, Shri Om Prakash Pandey, learned Counsel representing the respondent no.1/writ petitioner, Shri Krishna Lal Yadav, learned Counsel representing the respondent no.2/Union of India and Shri Neerav Chitravanshi, learned Counsel representing the respondent no.3-NABARD.
(2) The present appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952, has been filed by the appellants/Bank, wherein they have questioned the judgment and order dated 24.04.2023 passed by learned Single Judge in Writ-A No. 24908 of 2019 filed by the respondent no.1/writ petitioner. It is the contention of the appellants/bank that the aforesaid writ petition has been allowed and the impugned order dated 08.04.2019, by which application of the writ petitioner/respondent no.1 for compassionate appointment was rejected, has been set-aside by the learned Single Judge and appellants herein have been directed to decide the claim of the respondent no.1/writ petitioner in the light of the directions given in Writ-A No. 2615 of 2023 : Smt. Manjeet Kaur Vs. State of U.P. and another vide order dated 05.04.2023.
(3)
Canara Bank and another Vs. M. Mahesh Kumar : (2015) 7 SCC 412
Indian Bank and another Vs. Promila and another : (2020) 2 SCC 729
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 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 in the judgment is the prospective application of the scheme for appointment on compassionate ground dated 18.03.2019, the authority's duty to consider belated reques....
Compassionate appointment cannot be claimed as a right and must adhere to the governing scheme, especially after an ex-gratia payment has been received.
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.