Petitioner sought compassionate appointment after his father's death with the respondent bank. Court dismissed the petition due to gross delay and the expiration of the petition's humanitarian purpose.
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SB CI VI L WRI T PETI TI ON NO. 418/ 04.
1
I N THE HI GH COURT OF JUDI CATURE FOR RAJASTHAN BENCH AT JAI PUR
SB CI VI L WRI T PETI TI ON NO. 418/ 04.
RAMAN KUMAR – PETI TI ONER. VS
STATE BANK OF BI KANER & JAI PUR & ORS. – RESPONDENTS.
DATE OF ORDER : 2ND DECEMBER, 2014.
PRESENT
HON' BLE MS. JUSTI CE BELA M. TRI VEDI
Mr . Neer aj Joshi f or t he pet i t i oner . Mr . Vi j ay Si ngh f or Mr . G. K. Gar g f or t he r espondent s.
ORDER
BY THE COURT :
SB CI VI L WRI T PETI TI ON NO. 418/ 04. 2 r epr esent at i on of t he pet i t i oner was al r eady r ej ect ed as back as on 20. 7. 2000 and t her eaf t er t he pet i t i oner has f i l ed t he pr esent pet i t i on i n t he year 2004. He has al so r el i ed upon t he deci si ons of t he Apex Cour t i n t he case of Bhawani Pr asad Sonkar Vs. Uni on of I ndi a and Ot her s ( 2011) 4 SCC 209 and i n t he case of St at e Bank of I ndi a and Anot her Vs. Somvi r Si ngh ( 2007) 4 SCC 778 , t o submi t t hat t he compassi onat e gr ound
cannot be cl ai med as a mat t er of r i ght and t hat t he compassi onat e empl oyment i s gi ven sol el y on t he humani t ar i an gr ound wi t h t he sol e obj ect t o pr ovi de i mmedi at e r el i ef t o t he f ami l y of t he deceased empl oyee. The pet i t i oner havi ng f i l ed t he pet i t i on af t er gr oss del ay, t he same deser ves t o be di smi ssed.
SB CI VI L WRI T PETI TI ON NO. 418/ 04. 3
compassi onat e empl oyment cannot be cl ai med as a mat t er of r i ght and i s gi ven onl y humani t ar i an gr ounds t o pr ovi de i mmedi at e r el i ef t o t he f ami l y of t he deceased empl oyee.
MRG.
Al l cor r ect i ons made i n t he j udgment / or der have been i ncor por at ed i n t he j udgment / or der bei ng emai l ed. MRG/ PS
2 issues framed by the court
Whether a claim for compassionate appointment succeeds when filed after gross delay following the rejection of a prior representation?
Is compassionate appointment a matter of right or granted solely on humanitarian grounds?
Colour shows how this judgement treated each authority
Bhawani Prasad Sonkar Vs. Union of India and OthersRelied on¶16
Bhawani Prasad Sonkar Vs. Union of India and Others (2011) 4 SCC 209 · Who else cites this
State Bank of India and Another Vs. Somvir SinghRelied on¶16
State Bank of India and Another Vs. Somvir Singh (2007) 4 SCC 778 · Who else cites this
Raman Kumar
State Bank of Bikaner & Jaipur and Others
Ms. Justice Bela M. Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
