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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VINAY SARAF
Sadhana Singh – Appellant
Versus
Indian Bank – Respondent
VINAY SARAF, J.
1. Petitioner has approached this Court seeking quashment of order dated 19.09.2023 issued by Assistant General Manager (HRM) of Indian Bank, whereby the application submitted by the petitioner for compassionate appointment was rejected.
2. The short facts of the case are that husband of the petitioner Late Shri Neeraj Kumar appeared in the recruitment process for the post of “CRP” Clerk – VIII organized by Allahabad Bank (now merged into Indian Bank) and declared successful. He was appointed in the Bank by appointment order dated 05.07.2019 on the post of Single Window Operator -‘A’ in clerical cadre.
3. As per appointment order initially his appointment was on probation for a period of six months and subject to proving the suitability for bank service, the same was confirmable to the permanent establishment of the bank. Mr. Neeraj Kumar was nominated for Internal Training Programme scheduled to be held from 29.07.2019 to 09.08.2019 at Staff College Lucknow. When he was going to join Internal Training Programme on his way to Lucknow, he expired at Lucknow Station due to cardiac arrest on 29.07.2019.
4. After the sudden demise of the sole bread earner for the fam
Compassionate appointment eligibility requires confirmation of employment; dependency and financial need must be carefully assessed to ensure just treatment under the relevant appointment scheme.
Compassionate appointment is a discretionary relief based on the immediate financial needs of the family, requiring a thorough assessment of all income sources and benefits received.
The financial status of the family cannot be the basis for refusing compassionate appointment to an eligible candidate.
Compassionate appointment is not a right but a measure to assist families in financial distress, and is contingent on family employment status and compliance with rules.
The court established that financial benefits received by a deceased employee's family must be assessed against their liabilities to determine eligibility for compassionate appointment.
Compassionate appointment is not a vested right and must consider the financial condition of the deceased employee's family, which was not in distress in this case.
Compassionate appointment is a concession, not a legal right, and requires compliance with specific provisions while emphasizing immediate application to demonstrate need.
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