Petitioner sought compassionate appointment after father's death claiming family income was insufficient. Court rejected petition as monthly income of Rs. 65,000 negates indigency under Scheme Clause 5, noting appointment is not a right.
Writ petition is rejected. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Anand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9131 OF 2021
Jayanand Hemant Chavan
.Petitioner
Vs.
Bank of India
.Respondent
Mr. Mahesh V. Rawool, Advocate, for the Petitioner Ms Ranjana Todankar a/w Ms Sonali Humane, Advocate, for the Respondent
CORAM : S. V. GANGAPURWALA, ACJ. AND S. G. CHAPALGAONKAR, J.
DATE : 12 DECEMBER 2022
P. C.
. The claim of the Petitioner for appointment under the Compassionate Scheme is negatived by the Respondent – Bank
and aggrieved thereby, he has fled present Petition.
of the Petitioner was working with the Respondent – Bank and on 25.05.2015, he died. The Petitioner, immediately on 10.07.2015, fled an Application with the Respondent – Bank seeking an appointment on compassionate scheme. The same has been rejected. According to the learned counsel for the Petitioner, in deserving cases, even when there is already an earning member in the family, a dependent family member may be considered for
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compassionate appointment. This aspect has not been considered by the Respondent – Bank. The Respondent – Bank has also not extended an opportunity to the Petitioner to submit its case before them. The principles of natural justice are violated. According to the learned counsel, only because mother of the Petitioner is an earning member of the family is not suffcient to reject the claim of the Petitioner.
4. We have considered the submissions.
The purpose and object behind giving appointment on compassionate ground is to provide immediate assistance to the family of the deceased who died in harping.
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is Rs. 65,000/- per month. The salary slip of the mother of the Petitioner is also placed on record to substantiate the said fact.
the Respondent – Bank reads thus :-
“5. ELIGIBILITY
5.1 The family is indigent and deserves immediate assistance for relief from fnancial destitution; and
5.2 Applicant for compassionate appointment should be eligible and suitable for the post in all respects under the provisions of the relevant Recruitment Rules.”
( S. G. Chapalgaonkar, J. ) ( S. V. Gangapurwala, ACJ. )
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3 issues framed by the court
Whether the petitioner is entitled to compassionate appointment given the family's monthly income of Rs. 65,000/-.
Whether existing income renders the family ineligible for compassionate appointment under Clause 5 of the Scheme.
Whether principles of natural justice were violated by rejecting the claim without opportunity to submit case.
1 provisions across 1 enactments
Jayanand Hemant Chavan
Bank of India
S. V. GANGAPURWALA
S. G. CHAPALGAONKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
