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2025 Supreme(All) 3505

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J. MUNIR, J
Sanjay Kumar - Petitioner
Versus
Punjab National Bank through its Authorised Officer and others
WRIT - A No. - 16506 of 2024
Decided on : 09-09-2025

Advocates Appeared:
For the Petitioner:Mr. Amit Mishra, Advocate
For the Respondent: Mr. Ashok Shankar Bhatnagar

The compassionate appointment policy requires fair assessment of family income post-death without arbitrary inclusion of unrelated income, especially in urgent financial situations.

Headnote:(A) Compassionate Appointment Policy - HRMD Circular No. 495 dated 26.03.2020, modified by HRMD Circular No. 550 dated 09.02.2021 - Denial of compassionate appointment to petitioner for not meeting eligibility criteria per Bank’s guidelines - Petitioner’s father was an employee who died, leaving behind family in financial distress. (Paras 1, 10, 27)

(B) Determination of Income - Court finds consideration of brother's income ineligibility for compassionate appointment is flawed; depends on proper assessment of family’s financial status. (Paras 5, 15, 20)

(C) Reasonableness in Policy Application - Court emphasizes that denial of a claim under compassionate appointment must not be arbitrary and must be based on fair assessment of family’s financial situation. (Paras 23, 28)

Facts of the case:
The petitioner applied for compassionate appointment citing his late father's employment with the Bank and family’s financial crisis post his demise due to medical expenses incurred for both parents. The Bank's committee rejected the application asserting that the combined income exceeded requirements.

Findings of Court:
The court found the committee's assessment erroneous in including the brother's independent income and highlighted the short duration of family pension as inadequate support to stabilize the family financially.

Issues: Whether the petitioner qualifies for compassionate appointment based on family income post the father's death.

Ratio Decidendi: The court ruled the Bank's approach flawed for including the brother's income in family income calculations; the short-lived family pension support was inadequate.

Result: Writ petition allowed; orders for reconsideration of the application for compassionate appointment issued.

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 the decision of the Committee of Officers dated 29.08.2024, resolving to decline the petitioner's claim.

2. The petitioner's father, the late Suraj Pal, was a Class IV employee at the Punjab National Bank,('Bank' for short) last posted at Branch Gulawati, District Bulandshahr. He passed away in harness on 05.03.2021, due to a heart attack, while in the care and management of the Metro Hospital. He left behind a widowed mother, Premwati Singh, wife Kamlesh, daughter Pooja and two sons, Arjun Singh and Sanjay Kumar, the petitioner. After Suraj Pal's demise, the petitioner's wife, Kamlesh, represented the matter before the Bank, seeking compassionate appointment for him. The petitioner's brother Arjun Singh as well as sister Pooja filed affidavits of no objection as regards the petitioner's candidature for compassionate appointment. The petitioner asserts that he possesses the essential qualifications for appointment to a considerable post with the Bank under the compassionate appointment scheme then prevalent. He possesses a certificate of intermediate education, that he earned in the year 2022 from the Uttar Pradesh Board of High School and Intermediate Education. After the petitioner's father's demise, his mother, Kamlesh, also did not survive for long. She suffered from ill heath and passed away on 11.01.2022. The family spent a considerable sum of money in paying for the petitioner's father's and mother's treatment.

3. At the time of his demise, Suraj Pal was in receipt of salary to the tune of ₹24110 per 24110 per mensem. After his death, no sum of money was paid by the Bank to his dependants. The petitioner asserts that a considerable sum of money was spent on his mother's treatment, after his father passed away. He has annexed a photostat copy of Kamlesh's bank account, besides that of his father's, Suraj Pal, to prove the fact. It is the petitioner's case that he does not have a suitable source of livelihood and works as a casual labourer in the village, though he is the holder of an intermediate certificate. He has been issued a certificate in this regard by the Village Pradhan.

4. The petitioner, therefore, moved an application before the Bank, seeking compassionate appointment on 26.11.2022, stating all facts and circumstances of the family. Since no action was taken by the Bank, the petitioner instituted Writ - A No. 22164 of 2022, seeking to secure compassionate appointment for himself. The said writ petition was disposed of at the admission stage on 31.01.2023, after hearing learned Counsel for the Bank and acting on his statement that the petitioner's application is under active consideration of the Bank and would be considered and decided within fifteen days. This Court directed the Bank to decide the petitioner's application for compassiona

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