IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE JAI KUMAR PILLAI WRIT PETITION No. 794 of 2019 NIKHIL KOL Versus UNION BANK OF INDIA AND OTHERS ________________________________________________________________________________

Appearance:

Shri N.P. Choudhary- Advocate for the petitioner.

Reserved on : 23/04/2026 Post on : 24/04/2026 ______________________________________________________

ORDER The petitioner has preferred the present writ petition under Article 226 of the Constitution of India, seeking the invocation of the extraordinary jurisdiction of this Court. The challenge is specifically directed against the impugned order dated 30/01/2018, bearing Annexure P/1, passed by the respondents. By the said impugned order, the competent authority of the respondent Bank has arbitrarily declined the legitimate request of the petitioner for the grant of compassionate appointment following the untimely demise of his father.

2. Through this petition, the petitioner prays for the issuance of a writ of certiorari to effectively quash the impugned order dated 30/01/2018. The petitioner further seeks a writ of mandamus commanding the respondents to appoint him immediately on the post of Peon/Messenger in the Sub-staff cadre. The petitioner claims this appointment from the retrospective date of the death of his deceased father, i.e., 07/08/2016, along with all the consequential and monetary benefits arising thereof.

Facts of the Case

3. The brief facts leading to the filing of this petition are that the petitioner’s father, Late Shri Shankar Prasad Kol, was a regular employee of the respondent Bank. He was serving diligently on the substantive post of 'Daftary' at the Sagra Branch in District Rewa, Madhya Pradesh. He completed 22 years and 04 months of continuous and uninterrupted service in the Bank before he tragically passed away on 07/08/2016 due to a massive and sudden heart attack while in harness.

4. The petitioner is the only son and a completely dependent, unemployed youth of 20 years of age. His mother had already passed away earlier in the year 2012, leaving the entire family effectively orphaned upon the father's sudden demise. The petitioner belongs to the Scheduled Tribe category and has successfully passed his Class IX examinations in the year 2014 from Jabalpur, thereby fulfilling the basic educational criteria required for the Sub-staff cadre.

5. The untimely death of the sole bread earner has left the surviving family in a state of utter destitution and severe financial ruin. The petitioner bears the heavy liability of maintaining a family of six members, including his own wife and a one-year-old son. Furthermore, he has the immense responsibility of looking after three unmarried, school-going sisters aged 18, 16, and 14 years, who are currently pursuing their education in Classes X, XII, and IX at Jabalpur.

6. The entire family was solely and exclusively dependent upon the monthly salary of the deceased father, and they are now completely hand to mouth without any earning member. A new scheme for compassionate appointment was introduced by the respondents on 19/01/2015, which was made effective retrospectively from 05/08/2014. Under this specific scheme, the petitioner promptly submitted a comprehensive application to Respondent No. 3, seeking immediate compassionate appointment.

7. The petitioner's application was duly scrutinized, heavily recommended by Respondent No. 3, and formally forwarded to Respondent No. 2 vide official correspondence dated 30/01/2017. The petitioner was continuously assured by the local authorities that the appointment would be granted very shortly. However, after an inordinate and unexplained delay, the respondents abruptly declined the appointment vide the impugned non-speaking order dated

30/01/2018, completely shattering the family's hopes.

Contentions of the Petitioner

8. The principal contention of the petitioner is that the respondents have arbitrarily and unlawfully refuse