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J. J. MUNIR
Rachit – Appellant
Versus
Union of India – Respondent
JUDGMENT :
J.J. MUNIR, J.
1. The petitioner has applied for a mandamus to consider his case for compassionate appointment on account of his father’s death in harness while in the employ of the respondent-Bank of Baroda.
2. The petitioner’s father joined service of the Bank of Baroda, Khaga, Fatehpur Region, Fatehpur [‘Bank’ for short] as a Peon on 09.10.1984. He was promoted from a Class IV post to a Class III post with the Bank. He was working as a Cashier in the year 2016. The petitioner’s father died in harness on 21.02.2016. He left behind him a family of three - his widow, Smt. Gyanmati Devi and two sons, the petitioner, Rachit and his younger brother, Sachin.
3. It is the petitioner’s case that his mother, being the only surviving adult in the family, moved an application on 10.01.2017 to the Branch Manager of the Bank, indicating that her elder son was 14 years old, and the younger, 11. It was also said that the family have been destituted and in the event, the petitioner’s sons be regarded ineligible on account of their minority, their right to be considered must be postponed until a later date. The application desperately says in the end that either the petitioner's mother’s c
Compassionate appointment is a discretionary relief based on the immediate financial needs of the family, requiring a thorough assessment of all income sources and benefits received.
The main legal point established in the judgment is that the rejection of a compassionate appointment request must be based on valid and reasoned grounds, considering the financial distress of the pe....
The eligibility for compassionate appointment requires that the total family income must be less than 60% of the deceased’s last drawn salary, excluding independent family members' incomes.
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 compassionate appointment policy requires fair assessment of family income post-death without arbitrary inclusion of unrelated income, especially in urgent financial situations.
Compassionate appointment applications must be submitted within one year of the employee's death, with strict adherence to guidelines to ensure timely relief for families in financial distress.
Compassionate appointments must be made promptly following a breadwinner's death; delayed applications undermine their purpose.
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