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IN THE HIGH COURT OF ALLAHABAD
J.J. MUNIR, J.
Rachit – Petitioner
Versus
Union of India and Others – Respondents
Writ (A) No. 17724 of 2023
Decided On : 22-02-2024
MANDAMUS - COMPASSIONATE APPOINTMENT - Scheme for Compassionate Appointment or Payment of Ex-Gratia Financial Relief to Dependants of Deceased Employees - The court analyzed the compassionate appointment scheme, emphasizing that the age of the deceased employee at the time of death does not disqualify dependents from consideration. The court interpreted the scheme's provisions regarding eligibility and time limits, concluding that the petitioner's claim should be evaluated on its merits despite being submitted after five years, as the scheme allows for such considerations under specific circumstances. The court directed the Bank to reassess the petitioner's application in light of these interpretations.
Fact of the Case:
The petitioner sought a mandamus for compassionate appointment following the death of his father, a Bank of Baroda employee, who died while in service. The petitioner, having attained majority, applied for the position after his mother initially sought consideration for herself or for the petitioner, who was a minor at the time of the father's death. The Bank denied the claim based on the father's age at death and the petitioner's minority.
Finding of the Court:
The court found that the Bank misinterpreted its own compassionate appointment scheme. It ruled that the age of the deceased employee at the time of death does not affect the eligibility of dependents for compassionate appointment. The court also noted that the petitioner's claim was not time-barred and should be considered by the Bank's MD & CEO.
Issues: Whether the petitioner's claim for compassionate appointment was valid despite being submitted after five years and whether the age of the deceased employee at the time of death disqualified the dependents from consideration under the compassionate appointment scheme.
Ratio Decidendi: The court held that the compassionate appointment scheme does not impose an age limit on the deceased employee for dependents seeking appointment after death. It clarified that the scheme allows for consideration of applications beyond five years under certain conditions, emphasizing the need for a fair assessment of the family's financial situation.
Final Decision: The petition was allowed, and a mandamus was issued to the Bank to ensure that the petitioner's claim is submitted to the MD & CEO for consideration within one month, with a decision to be communicated to the petitioner within fifteen days thereafter.
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 candidature be considered or consideration of the petitioner’s right be postponed, keeping it intact.
4. During the interregnum, nothing happened. The petitioner passed his High School Examination in the year 2020 and the Intermediate Examination in the year 2022. He earned his Bachelor of Science Degree from the Professor Rajendra Singh (Rajju Bhaiya) University, Prayagraj in the examination of 2022-23. The petitioner, after attaining majority, contacted the Branch Office of the Bank to gather progress about the consideration of his claim. The Branch Office advised the petitioner to move an application in the proforma prescribed for claiming compassionate appointment. The petitioner moved an application in the appropriate proforma on 20.01.2021. The petitioner's application in the proper proforma along with the checklist was forwarded on 02.03.2021. Despite submission of the application on 20.01.2021 along with the checklist separately and a ‘No Objection’ by the other family members, the claim has not been considered by the Bank, and therefore, the petitioner, being a member of the deceased’s family, who say that they have not been able to tide over the resultant economic crisis, has prayed that this Court may issue a mandamus, directing the respondents to consider his claim.
5. A counter affidavit has been filed on behalf of the Bank, after a notice of motion was issued.
6. In the brief facts, it is averred that a sum of 17,09,549 has been Rs. 17,09,549 has been paid in all towards terminal benefits to the deceased’s widow, Smt. Gyanmati Devi. The widow is also being paid family pension in the sum of 17,332 per month. It is not denied that when the deceased Shyam Lal Rs. 17,09,549 has been passed away, the scheme dated 18.02.2016 for compassionate appointment or payment of ex gratia or financial relief was in force. It is pleaded that in order to seek compassionate appointment, the applicant must have completed 18 years of age. It is also the respondents’ case that for entitlement to compassionate appointment or ex gratia financial relief to the dependant of a deceased employee, the deceased should not have crossed the age of 55 years at the time of his demise in harness. Since in the present case, the deceased was aged 57 years, the benefit of compassionate scheme or ex gratia financial scheme is not available to his dependants.
7. The petitioner’s mother moved an application on 01.02.2021, saying that earlier the date of birth disclosed for the petitioner in her deceased husband's service record as 24.12.2003 is incorrect and the correct date of birth of the petitioner is 24.12.2002. It has been castigated by the respondents as a suppression of fact. It is also asserted as a suppression of fact that the petitioner’s mother, on three earlier occasions
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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