Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J.MUNIR
Sonu Nagar – Appellant
Versus
General Manager, Punjab National Bank – Respondent
| Table of Content |
|---|
| 1. petitioner's claim for compassionate appointment. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding income dependency and calculations. (Para 10 , 11 , 12 , 17) |
| 3. court analysis of the petitioner's financial situation. (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 4. compassionate appointment rights governed by employer policy. (Para 24 , 28) |
| 5. writ petition dismissed, no costs awarded. (Para 33 , 34) |
JUDGMENT :
J.J. MUNIR, J.
1. The petitioner’s claim for compassionate appointment has been rejected by the respondents, the officers of the Punjab National Bank,(‘Bank’ for short) and the petitioner thinks that they have done so arbitrarily, committing a manifest error of law. He assails the decision of the Bank to refuse his application for compassionate appointment on account of his father’s death in harness. The petitioner has challenged various orders and resolutions passed by the officers and Committees of the Bank, declining his claim, to which a moreful allusion would be made later in this judgment.
2. The petitioner’s father served the Indian Army, which he left upon his retirement from service. He availed the benefit of being an ex- serviceman and was appointed as an Arme
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 a discretionary relief based on the immediate financial needs of the family, requiring a thorough assessment of all income sources and benefits received.
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 denial of compassionate appointment based solely on marital status is arbitrary, violating equal treatment principles under Article 14.
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 policy for compassionate appointment must evaluate criteria based on circumstances at the time of the employee's death, not subsequent income limits.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
