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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
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 employee of the respondent-Bank, who died on 7.10.2011. Petitioner had applied for compassionate appointment on 8.2.2013. In response thereof, respondent-Bank has issued a letter dated 23.2.2013 that compassionate appointment cannot be awarded, however, Ex-gratia payment can be made, if the papers are submit
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.
Eligibility for compassionate appointment is determined by policies in effect at the time of the employee's death; subsequent changes cannot be applied retrospectively.
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