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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J.MUNIR
Sanjay Kumar – Appellant
Versus
Punjab National Bank through its Authorised Officer – Respondent
| Table of Content |
|---|
| 1. claim for compassionate appointment after father's death. (Para 1 , 2 , 3 , 4) |
| 2. financial condition post-decease of the father. (Para 5 , 6 , 7) |
| 3. procedural aspects and responses to the petition. (Para 8 , 9) |
| 4. eligibility criteria calculation under the compassionate scheme. (Para 10 , 11 , 12) |
| 5. court's observations on miscalculation of income by the bank. (Para 14 , 15 , 16) |
| 6. duration of family pension's impact on eligibility. (Para 17 , 18 , 19) |
| 7. reevaluation of financial support criteria for compassionate appointment. (Para 20 , 21 , 22) |
| 8. reassessment of income eligibility principles. (Para 23 , 24 , 25) |
| 9. policy fairness and judicial intervention. (Para 26 , 27) |
| 10. final judgment quashing prior decisions and ordered reconsideration. (Para 28 , 29) |
Judgment :
J.J. MUNIR, J.
1. This writ petition is directed against the order dated 09.09.2024 passed by the Chief Manager, Punjab National Bank, Circle Office, Bulandshahr, rejecting the petitioner's claim for compassionate appointment. Also, under challenge is a report of the Committee of Officers dated 16.07.2024, recommending a rejection of the petitioner's proposal for compassionate appointment as well as th
The compassionate appointment policy requires fair assessment of family income post-death without arbitrary inclusion of unrelated income, especially in urgent financial situations.
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.
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.
The denial of compassionate appointment based solely on marital status is arbitrary, violating equal treatment principles under Article 14.
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 ....
Compassionate appointments must be made promptly following a breadwinner's death; delayed applications undermine their purpose.
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....
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