Compassionate appointment eligibility requires confirmation of employment; dependency and financial need must be carefully assessed to ensure just treatment under the relevant appointment scheme.

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 family of the petitioner consisting of the petitioner, two minor daughters, old aged father in law and mother in law, financial crisis crept in the family and therefore, the petitioner submitted an application for grant of compassionate appointment to the authorities of Allahabad Bank as per the applicable scheme for compassionate appointment in Allahabad Bank issued by Circular Number 13486/PA/2015- 16/26 dated 03.08.2015. However, the application for appointment was declined by the bank by the impugned Communication dated 19.09.2023, whereby the petitioner was informed that ‘The request for compassionate appointment has not been considered favourably by the competent authority as the deceased staff member was not the confirmed employee as on the date of death and moreover the family is not indigent.’

5. The decision of the bank is under challenge in the present petition.

6. Ms. Wariza Ghildiyal, learned counsel appearing on behalf of the petitioner submits that as per Clause 1.1 of the scheme dependent family member of permanent employee of the Allahabad Bank is entitled for compassionate appointment, however, Clause 1.2 provides that for the purpose of the scheme employee would mean and include only a confirmed employee. She further submits that frequently asked questions ‘FAQs” on compassionate appointment the bank attached to the scheme as Annexure- II consists question No.11 which was answered as if the deceased employee was appointed on regular basis against permanent vacancy, the scheme may be extended to his/her dependant family member.

7. The relevant clauses of the scheme reads as under ;

1. COVERAGE

1.1. To a dependent family member of permanent employee of Allahabad Bank who -

a) dies while in service (including death by suicide) on or after 05.08.2014.

b) is retired on medical grounds due to incapacitation before reaching the age of 55 years on or after 05.08.2014.(Incapacitation is to be certified by a duly appointed Medical Board in a Government Medical College/Government District Head Quarters Hospitals/Panel of Doctors nominated by the Bank for the purpose).

Note: Where the incapacitation before reaching the age of 55 years/death of the ex-employee occurred prior to 05.08.2014, such cases would be considered only as per the ‘Scheme for payment of ex-gratia amount in lieu of appointment on comp