IMPORTANT POINT
Compassionate appointments must be evaluated based on a holistic view of the family's financial condition, not merely on the presence of other earners or benefits received.

JUDGMENT :

(Ritu Bahri, CJ.) :

The Bank has come-up in the Appeal against the judgment of the learned Single Judge dated 20th December, 2023, whereby the writ petition filed by the respondent challenging the order dated 30.07.2021 (Annexure-5 to the writ petition) passed by appellant denying him the benefit of compassionate appointment has been allowed. A direction has been given by the learned Single Judge to the Bank to immediately give compassionate appointment to the respondent within a period of eight weeks from the date of the order.

2. Brief facts of the present case are that the respondent’s father-late Shri Rajan was posted as a Class-IV regular employee with the appellant-Bank. He died, while in service, on 10.06.2019 leaving behind two sons, namely Sunny Kumar (respondent) and Sanjay Kumar, a daughter, namely Priyanka and widow-Kamlesh. The respondent moved an application on 06.07.2019 for compassionate appointment before the competent Authority of the Bank. As regards the claim of compassionate appointment raised by the respondent, other legal heirs of the deceased had given their No Objection. Vide order dated 30.07.2021, the appellant-Bank rejected the claim of the respondent for compassionate appointment on the ground that Sanjay Kumar, the elder son of the deceased, is already gainfully employed and the respondent was also engaged as a Business Facilitator during the time of the death of his father late Mr. Rajan and the financial condition of the family is not proven to be indigent.

3. The learned Single Judge, while allowing the writ petition, observed as follows:-

(1) The petitioner’s elder brother was married and was living with his family at Champawat. He has two children-one son (14 years of age) and one daughter (6 years of age) and has taken a loan of Rs. 7,00,000/- for treatment of his son from Bank of Baroda, Kelakhera, Gadarpur, and he has his own liabilities and responsibilities.

(2) After the death of the respondent’s father, pension was sanctioned in favour of the wife of the deceased, i.e. the mother of the respondent and the terminal benefits were given to the family i.e. Rs. 10,55,000/-.

(3) The respondent is working as a Business Facilitator in the appellant-Bank, which was a very meager amount and he could barely sustain himself with this amount.

(4) As per the Scheme of compassionate appointment of the Bank (Annexure-5) dated 18.02.2016, the applicant had two options (1) to take compassionate appointment or (2) to take payment of lumpsum ex gratia amount.

4. In this Scheme, it is further provided that as per the earlier Scheme of 5th August, 2014, if any of the legal heir of the deceased had taken financial assistance, he/she, after returning the financial assistance received to the Bank, can seek appointment on compassionate ground.

5. The general conditions of the 2014 Policy read as under:-

“16.1 Appointment made on grounds of compassion to be done in such a way that persons appointed to the post do not have the essential educational and technical qualifications and experience required for the post consistent with the requirement of maintenance of efficiency of administration.

16.2 It is not the intention to restrict employment of a family member of the deceased or medically retired sub-staff employee to an erstwhile sub-staff post only. As such, a family member of such erstwhile sub-staff employee can be appointed to a clerical post for which he/she is educationally qualified, provided a vacancy in clerical post exists for this purpose.

16.3 An application for compassionate appointment shall, however, not be rejected merely on the ground that the family of the employees has received the benefits due/the benefits under the various welfare schemes. While considering a request for appointment on compassionate grounds, a balanced and objective assessment of the financial condition of the family has to be made taking into account its assets and liabilities (including the benefits received under t