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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
Boda Deepthi Naik – Appellant
Versus
Syndicate Bank, Rep. by its Managing Director and Chief Executive Officer – Respondent
| Table of Content |
|---|
| 1. counsel argues rejection (Para 2) |
| 2. bank's counsel response (Para 3) |
| 3. consideration for appointment (Para 4) |
| 4. eligibility criteria discussed (Para 5) |
| 5. scheme applicability (Para 6 , 7) |
| 6. bank's denial unjustified (Para 8 , 10 , 11) |
| 7. writ petition allowed (Para 9) |
ORDER :
2. Learned counsel for petitioner Ms. Jyotshna Devi appearing on behalf of Sri V. Ravichandran, learned counsel on record, submits that on the death of her father on 15.04.2017, petitioner made Application for compassionate appointment which was rejected vide order dated 23.03.2018 on the ground that as per Circular No. 062/2018/BC, dated 31.01.2018, appointment on compassionate grounds may be provided to the dependent family of the employee, who dies in service, subject to satisfying the condition that family is indigent and deserves immediate assistance for relief from financial destitution and where the total income of the family from all sources is below Rs.35,000/- per month; since monthly notional interest income on terminal benefits and investment proceeds is Rs.19,421/- and monthly pension from the bank of the deceased is Rs.23,912/- ,totalling Rs.43,333/-, which exceeds ceiling limit o
Eligibility for compassionate appointment must be determined by the scheme in effect at the time of the employee's death, not subsequent modifications.
Compassionate appointment is an exception to the normal method of recruitment, subject to strict scrutiny of various parameters including the financial position of the family, and is meant to enable ....
The main legal point established is that the eligibility criteria for compassionate appointment is governed by specific provisions in the Circular dated 03.08.2015 and cannot be extended to include g....
The eligibility for compassionate appointment requires that the total family income must be less than 60% of the deceased’s last drawn salary, excluding independent family members' incomes.
The denial of compassionate appointment based solely on marital status is arbitrary, violating equal treatment principles under Article 14.
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.
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