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PRANAY VERMA
Homdas Lobniya – Appellant
Versus
Madhya Pradesh Gramin Bank – Respondent
ORDER
1. By this petition preferred under Article 226 of the Constitution of India, the petitioners have challenged the order dated 16/6/2021 (Annexure P/5) and order dated 28/10/2021 (Annexure P/6) passed by respondent No.2 and respondent No.1 respectively whereby their claim for appointment of petitioner No.2 on compassionate basis has been rejected.
2. The facts of the case are that Rahul Lobaniya was employed with the respondents / bank as a clerk. He expired on 22/4/2021 in harness. Thereafter petitioner No.1 made an application on 8/6/2021 before respondents for appointment of petitioner No.2 on compassionate basis submitting that petitioner No.2 is brother of the deceased and the entire family is dependent upon him hence as per the policy for appointment on compassionate basis of the respondents he deserves to be granted such appointment. The application has been rejected by respondents No.1 and 2 by the impugned orders on the ground that name of petitioner No.2 was not mentioned as a dependent by the deceased while he was in service hence he is not entitled for such appointment.
3. Learned counsel for the petitioners has submitted that the respondents have erred in rejecting t
Compassionate appointment eligibility requires confirmation of employment; dependency and financial need must be carefully assessed to ensure just treatment under the relevant appointment scheme.
Point of law: In the case of appointment considering the social and economic justice as enshrined in the constitution, denials of deserving cases are liable to be set aside. Further, the purpose of p....
Employment and Service matter - Grant of compassionate appointment - Rejection of claim for compassionate appointment to a person who was directly dependant upon earnings of deceased employee would b....
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 a concession and not an absolute right, to be provided within a reasonable period of time from the date of death of the deceased employee, in accordance with the State's ....
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