HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
SHREE PRAKASH SINGH
Abhishek Jaiswal – Appellant
Versus
P.N.B. Head Office Thru. Chairman Cum Managing Director – Respondent
| Table of Content |
|---|
| 1. background of compassionate appointment request. (Para 2 , 3 , 4) |
| 2. arguments for and against the appointment. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 3. court's examination of the application facts. (Para 11 , 12 , 13 , 14 , 15) |
| 4. legal principles governing compassionate appointments. (Para 16 , 17) |
| 5. order for revisiting the appointment decision. (Para 18 , 19 , 20) |
JUDGMENT :
SHREE PRAKASH SINGH, J.
1. Heard Mr. Vinod Kumar Shukla and Mr. Alok Kumar Pandey, learned counsel for the petitioner, Mr. Vishwas Saraswat, learned counsel for the respondents and perused the record.
2. The present petition has been filed challenging the order dated 19.09.2023 passed by opposite party no. 2, i.e. Chief Manager, Punjab National Bank, Circle Office, Sitapur, on the ground that without assigning any reason, the order has been passed, declining the appointment of the petitioner on compassionate ground.
3. The contention of learned counsel for the petitioner is that the petitioner’s father, Late Keshav Ram Jaiswal, who joined the service in 1982, unfortunately died in the year 2016, i.e. on 04.08.2016, leaving behind the legal heirs, including the present petitioner being the son.
4. He submi
Compassionate appointment claims must be evaluated empathetically, ensuring the emotional context is considered in line with the underlying objective of the relevant rules.
Compassionate appointment is not a right but a concession for immediate financial distress following a government employee's death, and cannot be claimed after significant delay.
Compassionate appointment governed by policy prevalent at employee's death time, not subsequent schemes.
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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