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NEERAJ TIWARI
Firoz Khan – Appellant
Versus
Bank of India – Respondent
JUDGMENT :
(Neeraj Tiwari, J.) :
Heard learned counsel for the petitioner and Sri R.V. Pandey, learned counsel for the respondents.
2. Present petition has been filed with the following prayers :
(ii) Issue, a writ order or direction in the nature of mandamus directing the respondent Bank to provide employment to the petitioner on compassionate ground as per his qualification.''
3. Brief facts of the case are that father of petitioner was working as Branch Manager at Mahoba Branch. During the course of service, he died on 19.1.2017. After his death, mother of petitioner has received Rs. 10,000,00/- as Gratuity Fund, Rs. 15,160,00/- as Provident Fund, Rs. 6,24,178/- as leave encashment, Rs. 17,000,00/- against TDR and Rs. 2,000,00/- from LIC insurance amounting to a sum of Rs. 50,40,178/-. Father of petitioner had liabilities to pay Rs. 5,97,000/- towards bank. After deduction of the same, total amount paid is Rs. 44,43,178/-. Mother of petitioner is also getting family pensi
The court established that financial benefits received by a deceased employee's family must be assessed against their liabilities to determine eligibility for compassionate appointment.
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 denial of compassionate appointment based solely on marital status is arbitrary, violating equal treatment principles under Article 14.
Compassionate appointment cannot be denied based on pension benefits received by a family member, as it serves to address financial distress of the bereaved.
Compassionate appointment eligibility requires confirmation of employment; dependency and financial need must be carefully assessed to ensure just treatment under the relevant appointment scheme.
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.
Family pension is a relevant factor in determining financial hardship for compassionate appointment under the West Bengal Central Service Commission (Selection of Persons for Appointment to the Post ....
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