Subodh Singh Patel vs The Managing Director, Union Bank ...
2019 Latest Caselaw 1267 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 

 
Case :- WRIT - A No. - 4005 of 2019
 

 
Petitioner :- Subodh Singh Patel
 
Respondent :- The Managing Director, Union Bank Of India, Mumbai And Another
 
Counsel for Petitioner :- Akhilesh Singh,Yogendra Yadav
 
Counsel for Respondent :- Vivek Ratan Agrawal
 

 
Hon'ble Rohit Ranjan Agarwal,J.

Heard Sri Akhilesh Singh, learned counsel for the petitioner and Sri Vivek Ratan Agarwal, learned counsel for the respondent bank.

Father of the petitioner late Ramadhar Singh died-in-harness on 15.2.1999. This writ petition has been filed seeking compassionate appointment after 20 years from the date of death of his father.

In Umesh Kumar Nagpal vs. State of Haryana and others, 1994(4)SCC 138, the Supreme Court held, that the appointment on compassionate ground cannot be a source of recruitment, and that, it is merely an exception to the requirement of law keeping in view the fact of the death of the employee while in service leaving his family without any means of livelihood. The Supreme Court held, that the object of compassionate appointment was to enable the family to get over the sudden financial crisis. The Supreme Court went further to hold, that compassionate appointment could not be granted after a long lapse of reasonable period and that the very purpose of compassionate appointment was to meet the immediate financial problem being suffered by the members of the family of the deceased.

In the light of the aforesaid judgment, the mere fact, that the petitioner has survived from 1999 till today, is an indication by itself that there was no financial crisis in his family which would warrant consideration for an appointment on compassionate ground. The appointment on compassionate ground is not a vested right of the family of the deceased, but, is only a discretionary right given to the employers to given an appointment to a member of the family of the deceased in order to tide over the family crisis.

In the instant case, no such financial crisis has been shown nor was in existence.

The writ petition fails and is dismissed.

Order Date :- 14.3.2019

AKJ