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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VIKRAM D.CHAUHAN
Rajiv Mishra – Appellant
Versus
Managing Director Central Bank of India – Respondent
| Table of Content |
|---|
| 1. right to compassionate appointment and ex-gratia payment (Para 2 , 3) |
| 2. bank's reliance on internal circular for application limitation (Para 4) |
| 3. need for communication of internal circulars to claimants (Para 5 , 6 , 7) |
| 4. setting aside orders and remanding for reconsideration (Para 8 , 9) |
JUDGMENT :
VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the petitioner, learned counsel for respondent- Bank and learned Standing Counsel for the State.
2. The writ petition is filed with the following prayer:
"(i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned letter\orders dated 19.9.2013 and 8.11.2013 passed by respondent no.2 contained in Annexure no 8 and 12 respectively to the writ petition.
(ii) Issue a writ, order or direction in the nature of Mandamus directing the respondent Bank to consider the application of the petitioner for appointment under dying in harness rules.
(iii) Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent Bank to provide Ex-gratia payment to the petitioner in lieu of the appointment."
3. It is submitted by learned counsel for petitioner that mother of petitioner was
Internal circulars imposing limitations must be communicated to legal heirs to be enforceable; lack of knowledge invalidates such limitations.
The court ruled that the absence of documentation from the bank invalidated its rejection of the petitioner's claim for ex-gratia payment, mandating reconsideration under the applicable compassionate....
Timeliness of applications under compassionate appointment schemes is crucial; late submissions may lead to dismissal.
The main legal point established in the judgment is that the petitioner is entitled to the ex gratia amount as sanctioned by the respondent-bank, based on the beneficial legislation and the goal set ....
Compassionate appointment claims depend on the family's financial condition; income over the threshold can justify rejection.
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