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Kerala High Court
Mrs. Girijakumari G vs Uco Bank Ltd on 2 February, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:7726
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 2ND DAY OF FEBRUARY 2026 / 13TH MAGHA, 1947
WP(C) NO. 9140 OF 2023
PETITIONERS:
1 GIRIJAKUMARI G
AGED 52 YEARS
W/O. LATE MOHANA KUMAR S,
AKASH BHAVAN, PRAKKULAM,
KANJAVELY P.O.
KOLLAM DISTRICT, PIN - 691602
2 AKASH MK PILLAI
S/O. LATE MOHANA KUMAR S,
AKASH BHAVAN, PRAKKULAM,
KANJAVELY P.O. KOLLAM DISTRICT,
KERALA, PIN - 691602
BY ADVS.
SHRI.M.NAZEER
SMT.A.SHYNI RANI
RESPONDENTS:
1 UCO BANK LTD
REPRESENTED BY ITS ZONAL MANAGER
KERALA ZONE, ZONAL OFFICE,
RAVIPURAM, PERUMANOOR,
KOCHI, PIN - 682036
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W.P.(C) No.9140/2023
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2 UCO BANK
KOLLAM BRANCH,
REPRESENTED BY ITS BRANCH MANAGER
FIRST FLOOR, KHAISE BUILDING, BEACH ROAD,
THAMARAKULAM, KOLLAM, PIN - 691001
BY ADV.
SHRI.DEEPAK JOY K., SC, UCO BANK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.01.2026, THE COURT ON 02.02.2026
DELIVERED THE FOLLOWING:
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W.P.(C) No.9140/2023
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N. NAGARESH, J.
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W.P.(C) No.9140 of 2023
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Dated this the 2nd day of February, 2026
JUDGMENT
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Petitioners are widow and son of late
Mohanakumar, who died while in service, under the 1st
respondent-Bank. Late Mohanakumar was 55 years old and
had put in 11 years of service at the time of his death.
2. The petitioners submitted application for
compassionate appointment. The application was rejected
holding that the family of the deceased employee is not
indigent. The petitioners submitted another application
requesting to reconsider its decision regarding compassionate
appointment. The request to appoint the 1 st petitioner's son
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on compassionate ground was rejected.
3. The petitioners state that rejection of the
request for compassionate appointment is bereft of any
reason. The deceased employee was a Covid-19 warrior who
lost his life as a result of the dreadful pandemic. The family is
in receipt of ₹18,427/- as defence family pension and ₹8,066/-
as pension from the Bank. Both the pensions will be reduced
to 60% of the present rate on a future day on which the
deceased employee would have attained retirement age. The
rejection of the application for compassionate appointment is
totally against the spirit of the scheme, urged the petitioners.
4. The 1st respondent-Bank filed counter
affidavit. The 1st respondent pointed out that the total amount
of terminal benefits paid to the family is ₹6,37,371.84. The
monthly income of the family is ₹36,077/-. The essential
criteria for grant of compassionate appointment is that the
family should be in indigent condition. The family of the
petitioners is not in indigent condition. The petitioners are not
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entitled to any relief.
5. I have heard the learned counsel for the
petitioners and the learned Standing Counsel representing
the respondents.
6. The 1st petitioner is the widow of Mr.
Mohanakumar, who was working as an Armed Guard in
Kollam Branch of UCO Bank since 04.02.2010. After about
11 years of service, the said Mr. Mohanakumar passed away
at the age of 55 years during the pandemic period, on
04.01.2021 while in service. The 2nd petitioner is the son of
the 1st petitioner and late Mohanakumar. The 1st petitioner
has a daughter also.
7. As the family was in distress, the petitioners
submitted Ext.P3 application seeking compassionate
appointment on 21.04.2022. The request was rejected as per
Ext.P5 letter dated 15.07.2022 stating that the family of the
deceased employee is not indigent and has no financial
destitution.
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8. The respondents have taken such a stand as
the petitioners were paid an amount of ₹1,95,813/- towards
Gratuity, ₹2,15,087/- towards Provident Fund, ₹2 lakhs
towards Group Insurance and ₹26,470/- towards Leave
encashment. The monthly income of the family will come to
₹36,077/-. On these premises, the respondents found that
the petitioners are not eligible for compassionate
appointment.
9. I find that the family of the petitioners do not
have any earning members. The 1st petitioner is not medically
fit to take up any employment. As can be seen from Ext.P4
medical certificate issued by the Kerala State Health Services,
the 1st petitioner is suffering from severe varicose veins. The
1st petitioner's eye sight is imperfect. She is undergoing
continuous treatment.
10. The petitioners are receiving family pension
from the Defence also. They are getting Defence family
pension at the rate of ₹18,427/- per month. They are getting
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₹8,066/- as pension from the Bank. It is not disputed that
both pensions will be reduced to 60% of the present rate on a
future date on which the deceased employee would have
attained retirement age, on 04.01.2028.
11. The petitioners are in financial difficulties.
The petitioners had to incur huge hospital bills due to the post
Covid complications suffered by the deceased employee.
The deceased employee had a chronic liver disease with
portal hyper tension. Ext.P13 would evidence the same. The
petitioners had to spend huge amount for the treatment of the
deceased employee. The petitioners would assert that the
family was in debt and the deceased had himself left financial
liabilities to the tune of ₹18,21,389/- in various loans. If that
be so, it cannot be said that the family is not in indigent
condition.
12. The 1st petitioner states that due to the
financial difficulties, the 1st petitioner could not arrange
finances for the 2nd petitioner's B.Tech education and he was
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therefore dropped out from the course. The daughter of the
1st petitioner is attending coaching classes for medical
entrance examination. The petitioners are residing in an
unfinished house in 7 Cents of land. In the afore
circumstances, the respondents are not at all justified in
arriving at a conclusion that the family of the deceased are not
in indigent circumstances.
The writ petition is hence allowed.
Respondents 1 and 2 are directed to reconsider the
applications submitted by the petitioners for appointment on
compassionate grounds and appoint the 2nd petitioner in a
suitable post in the Bank, if the 2nd petitioner satisfies all other
parametres. Orders shall be passed within a period of one
month.
Sd/-
N. NAGARESH, JUDGE
aks/29.01.2026
2026:KER:7726
APPENDIX OF WP(C) NO. 9140 OF 2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF EMPLOYEE IDENTITY CARD OF
LATE MOHANA KUMAR - DATE NIL
Exhibit P2 TRUE COPY OF DEATH SUMMARY OF LATE MR
MOHANA KUMAR BY HOLY CROSS HOSPITAL,
KOTTIYAM, KOLLAM DATED 04.01.2021
Exhibit P3 TRUE COPY OF APPLICATION FOR
APPOINTMENT ON COMPASSIONATE GROUND
DATED 22-04-2022, SUBMITTED BY THE
PETITIONERS BEFORE BRANCH MANAGER, UCO
BANK, KOLLAM
Exhibit P4 TRUE COPY OF THE .OF MEDICAL
CERTIFICATE DATED 17.06.2021 OF THE
1ST PETITIONER
Exhibit P5 TRUE COPY OF THE LETTER DATED 15-07-
2022 FROM BRANCH MANAGER, KOLLAM
BRANCH OF UCO BANK REJECTING THE
APPLICATION OF THE PETITIONERS IS
Exhibit P6 TRUE COPY OF SECOND APPLICATION DATED
22-07-2022 SUBMITTED BY THE
PETITIONERS
Exhibit P7 TRUE COPY OF THE LETTER DATED 11-11-
2022 FROM BRANCH MANAGER, KOLLAM
BRANCH OF UCO BANK, REJECTING 2ND
APPLICATION
Exhibit P8 TRUE COPY OF LEGAL NOTICE DATED 14-12-
2022 SENT BY THE COUNSEL OF PETITIONER
TO THE RESPONDENTS ALONG WITH THE
POSTAL RECEIPT
Exhibit P9 TRUE COPY OF THE SCHEME FOR
COMPASSIONATE APPOINTMENT IN BANK
OBTAINED FROM RESPONDENT BANK THROUGH
RTI QUERY DATED 02.01.2023
Exhibit P10 TRUE COPY OF THE LEGAL HEIRSHIP
CERTIFICATE DATED 09.04.2021 ISSUED BY
TEHSIDAR, KOLLAM, ALONG WITH ITS
ENGLISH TRANSALATION
Exhibit P11 TRUE COPY OF THE GOVERNMENT OF INDIA,
MINISTRY OF PERSONNEL, PUBLIC
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GRIEVANCES AND PENSIONS (DEPARTMENT OF
PERSONNEL AND TRAINING) CIRCULAR
UPDATED ON 02-08-2022
Exhibit P12 TRUE COPY OPY OF GO(P) NO-
7/2018/P&ARD DATED 28-04-2018 OF
KERALA GOVERNMENT ALONG WITH ITS
ENGLISH TRANSLATION
Exhibit P13 TRUE COPIES OF MEDICAL CERTIFICATES
DATED 21.02.2023 WITH REGARD TO THE
MEDICAL CONDITION OF THE DISEASED
EMPLOYEE
Exhibit P14 TRUE COPY OF STATEMENT OF ASSETS AND
LIABILITIES OF THE PETITIONERS' FAMILY
DATED 07.01.2023
Exhibit P15 TRUE COPY OF THE COPIES OF
CERTIFICATES AS TO THE BONAFIDES OF
1ST PETITIONER'S DATED 17.11.2022
Exhibit P16 TRUE COPY OF EXTRACT FROM DEFENCE
PENSION DISBURSAL OFFICE DATED
31.01.2021
Exhibit P17 TRUE OPY OF PENSION CALCULATION SHEET
BY THE UCO BANK, KOLLAM BRANCH DATED
05.07.2021
Exhibit P18 TRUE COPY OF THE INCOME CERTIFICATE
DATED 30.12.2022 ISSUED BY THE VILLAGE
OFFICER, THRIKKARUVA VILLAGE
RESPONDENT'S EXHIBITS
EXHIBIT R1 [A] The Salary Slip of late S Mohana Kumar
S issued by the Personnel Service
Department for the month of December
EXHIBIT R1 [B] The Statement showing the transfer of
Terminal Benefits in the name of Late
Mohana Kumar S
PETITIONER'S EXHIBITS
Exhibit-P21 True copy of the Course fee receipt
bearing invoice No.XLM3502 dated 24-
02-2023
Exhibit-P22 True copy of the receipt dated 29-09-
2023 for the hostel fee of academic
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year 2022-2023 paid for Parvathy M.K
Pillai
Exhibit-P19 True copy of the bank statement of
Mr.Mohanakumar.S (Husband of the 1st
petitioner) for credit and reversal of
the terminal benefits
Exhibit-P20 True copy of the bank statement of
Saving Bank Account of the petitioner
for credit and reversal of the
insurance amount
