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SUBODH ABHYANKAR, PRANAY VERMA
STATE BANK OF INDIA, INDORE – Appellant
Versus
MEENA W/o ASHOK DHAIGUDE – Respondent
JUDGMENT SUBODH ABHYANKAR, J. : – Heard.
2. This writ appeal has been preferred by the appellant Bank of India under section 2(1) of Madhya Pradesh Uchha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, and the rules made thereunder assailing the order dated 26-7-2021, passed in Writ Petition No. 7249 of 2012 by the Single Judge of the writ Court, whereby the writ petition filed by the respondent/writ petitioner (hereinafter referred to as ‘the petitioner’) under Article 226 of the Constitution of India for her compassionate appointment has been allowed with a cost of Rs. 2 lakhs to be paid by the appellant (hereinafter referred to as ‘the respondent Bank’) to the writ petitioner.
3. In brief, the facts of the case are that the petitioner’s husband Ashok Dhaigude, who was an employee of the erstwhile State Bank of Indore went missing on 20-10-1998, and as his absence was for more than 90 days, in terms of para 17(a) of Bipartite Settlement dated 10-4-1989 read with para 522(3) of Sastry Award, he was served with 30 days notice on 21-1-1999, calling upon him to resume duties within 30 days from the date of notice, failing which he would be treated to have voluntarily retired.
Compassionate employment is not a matter of right, and the financial condition of the deceased family at the time of death should be the primary consideration. The appointment on compassionate ground....
The main legal point established in the judgment is that the scheme prevalent at the time of the death of the employee shall be the basis for considering the application for compassionate appointment....
The main legal point established in the judgment is that the rejection of a compassionate appointment request must be based on valid and reasoned grounds, considering the financial distress of the pe....
The main legal point established in the judgment is the need to apply the provisions of the Scheme and the applicable Rules at the time of the claim and its consideration for compassionate appointmen....
The main legal point established is that the revised scheme for compassionate appointment applies retrospectively to cases of death occurring within five years from the date of implementation, as it ....
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