Kerala High Court
Vignesh B vs The New India Assurance Company Ltd on 4 February, 2025
Author: Amit Rawal
Bench: Amit Rawal
2025:KER:9943
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
TUESDAY, THE 4TH DAY OF FEBRUARY 2025 / 15TH MAGHA, 1946
WA NO. 2120 OF 2024
AGAINST THE JUDGMENT DATED 09.12.2024 IN WP(C) NO.2394
OF 2024 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
VIGNESH B, AGED 29 YEARS,
AMBADI, PUMP ENGINE ROAD, OLAVAKKODE P.O.,
PALAKKAD, PIN - 678002
BY ADVS.
S.P.ARAVINDAKSHAN PILLAY
K.N.REMYA
L.ANNAPOORNA
N.SANTHA
PETER JOSE CHRISTO
S.A.ANAND
V.VARGHESE
RESPONDENTS:
1 THE NEW INDIA ASSURANCE COMPANY LTD.
REGISTERED AND HEAD OFFICE,
NEW INDIA ASSURANCE BUILDING,
M.G.ROAD, FORT, MUMBAI REPRESENTED BY ITS
WA NO. 2120 OF 2024
2
2025:KER:9943
CHAIRMAN-CUM-MANAGING DIRECTOR.,
PIN - 400001
2 CHAIRMAN-CUM-MANAGING DIRECTOR
THE NEW INDIA ASSURANCE COMPANY LTD.,
REGISTERED AND HEAD OFFICE,
NEW INDIA ASSURANCE BUILDING,
M.G.ROAD, FORT, MUMBAI, PIN - 400001
3 CHIEF REGIONAL MANAGER
THE NEW INDIA ASSURANCE COMPANY LTD.,
ERNAKULAM REGIONAL OFFICE,
KANDOMKULATHY TOWERS, M.G.ROAD,
ERNAKULAM, PIN - 682011
4 REGIONAL MANAGER
THE NEW INDIA ASSURANCE COMPANY LTD.,
ERNAKULAM REGIONAL OFFICE,
KANDOMKULATHY TOWERS, M.G.ROAD,
ERNAKULAM, PIN - 682011
5 DEPUTY GENERAL MANAGER
THE NEW INDIA ASSURANCE COMPANY LTD.,
ERNAKULAM REGIONAL OFFICE,
KANDOMKULATHY TOWERS, M.G.ROAD,
ERNAKULAM, PIN - 682011
SRI.GEORGE CHERIYAN (SR.)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
04.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WA NO. 2120 OF 2024
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JUDGMENT
AMIT RAWAL , J.
Appellant/petitioner is aggrieved of the judgment of the
Single Bench, whereby the plea for grant of compassionate
employment has been rejected.
2. The facts in brief for adjudication of the controversy
are enumerated herein:
The father of the appellant/petitioner,
Sri.R.Balachandran, died-in-harness on 08.05.2019 while working
as an Assistant Clerk in the New India Assurance Company Ltd.
The appellant/petitioner was stated to have been dependent upon
the deceased employee and sought for a compassionate
appointment in the service of the Company, in terms of the
Scheme of Compassionate Appointment in Public Sector General
Insurance Companies, [hereinafter called 'the Scheme of
12.11.2014']. As per the conditions of the Scheme, the legal heirs
of the deceased employees who die on or after 01.11.2014 are
entitled to compassionate employment.
3. An application dated 30.12.2019, in the prescribed
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format was submitted for obtaining the compassionate
appointment as the educational qualification is an MBA Degree. In
the absence of any reply, the petitioner filed another application
under the RTI Act and as per the information received under the
RTI Act, it has been found that the compassionate appointment
can be taken only after receiving clearance of settlement of the
terminal dues. However, the appellant/petitioner received
Exts.P3 and P4 communication dated 04.02.2021 from the
Assistant Manager of the Company to cure the alleged defects in
the application, which were complied with vide Ext.P5. Vide
Ext.P6 communication dated 16.02.2021, his claim for
appointment was not considered as he was found to have been in
temporary employment as a Lecturer. Exts.P7 and P8 affidavits
were filed to show that the petitioner would relieve the job in case
was granted the compassionate employment. It was further
clarified that, he was awaiting favourable actions and orders and
in the meantime, to sustain, had taken up the job of tutor from
24.09.2018 to 22.08.2019, on a monthly salary of Rs.20,000/-.
4. Learned Single Bench, noticing all the
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aforementioned facts, rejected the petition by relying upon
Clause 10.2. It is in that aspect, the present writ appeal has been
filed.
5. It has been contended that the Single Bench has not
taken into consideration the provisions of the Scheme in its
correct perspective. The job of Tutor was concededly a
temporary post, which had been manned by the
appellant/petitioner from 24.09.2018 to 22.08.2019. The date of
death of the father is 08.05.2019. After the death, the
appellant/petitioner had only rendered three months of service
and thereafter resigned. The temporary post does not have a
bright future as there is hanging sword of removal from the
service or non-continuation, whereas the case of the petitioner
was falling within the Scheme. The said fact has not been noticed
by the learned Single Bench in not granting the employment.
6. We are of the view that, obtaining of a
temporary post or owning of a property cannot be a ground for
denying the compassionate employment, particularly when this
scheme for bringing succor to the dependent family members in
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case of the death of employee in harness was in vogue.
Accordingly, we set aside the order under challenge and
allow the writ appeal, with a direction to the respondents to offer
the compassionate employment to the petitioner/appellant, for
which he is found to be suitable, within a period of one month
from the receipt of a copy of this judgment.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
K. V. JAYAKUMAR
JUDGE
msp
