The Patna High Court dismissed a writ petition seeking compassionate government bank employment after the petitioner's father died 24 years prior. The court held that the delay vitiated the scheme's purpose of relieving immediate financial distress at the time of death.
Direction to grant compassionate appointment espoused.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11391 of 2015
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Pankaj Kumar son of Late Surya Narayan Vidyarthi Resident of 118 G/1K, 60 feet Road, Rajruppur, P.S. Dhunamganj, Allahabad.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Anil Jayaswal, Advocate For the Respondent/s : Mr.Satya Prakashtripathy, Advocate
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date: 05-10-2023
The present writ petition has been filed for quashing the orders dated 14.08.2001 and 14.11.2005 passed by the General Manager (D & PB), State Bank of India, Patna, whereby and whereunder the case of the petitioner for grant of appointment on compassionate ground has been rejected.
Patna High Court CWJC No.11391 of 2015 dt.05-10-2023 2/5
working on the post of Teller at Dalmianagar Branch of the respondent-State Bank of India (hereinafter referred to as the ‘Bank’). The petitioner had then filed an application on 04.10.1999 for grant of compassionate employment, however, the same was rejected vide order dated 14.08.2001 on the ground that liquid surplus amount of Rs. 7.81 lacs is available to the family and the family pension is Rs. 5,268.00 per month as also the total income of the family from all sources including family pension, income from interest and investment and 75 per cent of net terminal benefits comes to about Rs. 9,661.00 per month, hence the financial condition of the petitioner cannot be termed as precarious, as also in view of the law laid down by the Hon’ble Apex Court in the case of Umesh Kumar Nagpal vs. State of Haryana & Others , reported in (1994) 4 SCC 138 .
Patna High Court CWJC No.11391 of 2015 dt.05-10-2023 3/5
look after not only his widow mother but three unmarried sisters and one younger brother, thus the respondent-Bank be directed to provide compassionate employment to the petitioner. The aforesaid decision was also confirmed by a letter dated 04.11.2005, issued by the respondent no. 2.
Patna High Court CWJC No.11391 of 2015 dt.05-10-2023 4/5
parties and gone through the materials on record and this Court finds that about 24 years have already gone by since the death of the father of the petitioner, hence at such a belated stage, the very object of the compassionate employment scheme would be violated, in case compassionate employment is directed to be offered to the petitioner, inasmuch as the object of the compassionate employment scheme is to enable the family to get over the financial crisis, which it faces at the time of the death of the sole breadwinner, thus, the case of the petitioner for grant of compassionate employment merits no consideration. It would be apt to refer to a judgment, rendered by the Hon’ble Apex Court in the case of Umesh Kumar Nagpal vs. State of Haryana & Others , reported in (1994) 4 SCC 138 .
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nature may arise where grant of immediate relief by providing employment to the dependent of the deceased employees may crop up, hence, what is material for consideration is the time when the relief is to be granted to a family in distress and not to reserve a job for one of the dependents.
(Mohit Kumar Shah, J)
S.Sb/-
| AFR/NAFR | AFR |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 11.10.2023 |
| Transmission Date | N/A |
3 issues framed by the court
Whether a 24-year delay in filing a compassionate employment claim justifies dismissal despite financial hardship.
Whether the object of compassionate employment can be achieved when the sole breadwinner died 24 years ago.
Whether directing compassionate employment now would violate the principle of availability of vacancies to all.
Colour shows how this judgement treated each authority
Umesh Kumar Nagpal vs. State of Haryana & OthersApplied¶20
Umesh Kumar Nagpal vs. State of Haryana & Others (1994) 4 SCC 138 · Who else cites this
Umesh Kumar Nagpal vs. State of Haryana & OthersApplied¶27
Umesh Kumar Nagpal vs. State of Haryana & Others (1994) 4 SCC 138 · Who else cites this
1 provisions across 1 enactments
Pankaj Kumar
State Bank of India
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
