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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
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 pet
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....
Point of law: compassionate appointment could not be denied on the ground that family benefit scheme was available, in as much as it was not a substitute for compassionate appointment, directed the r....
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