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J. J. MUNIR
Archana Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT :
J.J. Munir, J.
This writ petition is directed against an order dated 13.12.2022 issued by the Assistant General Manager (EBD), HR Department, Union Bank of India, Mumbai, communicating the rejection of the petitioner's application for compassionate appointment on account of her father's death in harness. Also under challenge is an order dated 14.11.2022 passed by the Committee for Compassionate Appointments of the Bank, by which the petitioner's claim has been rejected.
2. The brief facts giving rise to this writ petition, shorn of unnecessary detail, are these:
Ram Prasad Singh was a Clerk, employed with the Union Bank of India, posted at the Gorakhpur Branch. He died in harness on 5th of November, 2021. He was appointed in the year 1990 and at the time of his demise was aged 53 years. The petitioner's father left behind him, his widow Smt. Sangeeta Singh, Km. Archana Singh, the petitioner, his daughter and two married daughters, to wit, Aparna Singh and Sweta Singh. At the time of her father's demise, the petitioner and her mother were dependent upon him. The petitioner, at the relevant time, was a graduate, who had earned her degree from Chhatrapati Shahu Ji Maharaj Unive
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 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 compassionate appointment policy requires fair assessment of family income post-death without arbitrary inclusion of unrelated income, especially in urgent financial situations.
Compassionate appointment is not a right but a measure to assist families in financial distress, and is contingent on family employment status and compliance with rules.
Compassionate appointment is not a vested right and must consider the financial condition of the deceased employee's family, which was not in distress in this case.
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 ....
The main legal point established in the judgment is that the provisions under the relevant scheme for compassionate appointment are mandatory in nature, and the subsequent declaration of Govind Praka....
Compassionate appointments must be made promptly following a breadwinner's death; delayed applications undermine their purpose.
The denial of compassionate appointment based solely on marital status is arbitrary, violating equal treatment principles under Article 14.
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