Patna High Court
Ajay Kumar vs The Chairman, Bank Of India, Star House on 12 November, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4535 of 2022
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Ajay Kumar Son of Late Jai Chandra Singh, Resident of Mohalla - Atardah,
Pokhariapir, P.S. Sadar, District - Muzaffarpur.
... ... Petitioner/s
Versus
1. The Chairman, Bank of India, Star House C-5 "G" Block, Bandra, Kurla
Complex, Bandra East, Mumbai - 400051.
2. The Zonal Manager, Bank of India, Zonal Office Muzaffarpur Yamuna
Market, Mithanpura, Muzaffarpur.
3. The Regional Manager, Bank of India, Muzaffarpur, Region, Muzaffarpur.
4. The Senior Branch Manager, Bank of India, Muzaffarpur Branch.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Parasmani, Advocate
For the Respondent/s : Ms. Mayuri, Advocate
Mr. Ajit Kumar Sinha, Advocate
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
C.A.V. JUDGMENT
Date : 12-11-2025
1. Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for a
direction to the respondents to appoint the petitioner on
compassionate ground on account of the death of his father, who
died in harness on 31.1.2020, while working as a Clerk in the
Muzaffarpur branch of the Bank of India.
3. The relevant facts in brief are that the father of the
petitioner while working as a Clerk in the Muzaffarpur branch
Patna High Court CWJC No.4535 of 2022 dt.12-11-2025
of the Bank of India died in harness on 31.1.2020. He was a
permanent employee.
4. On the death of his father, the petitioner filed an
application in the prescribed form on 24.8.2020 for his
appointment on compassionate ground. The same was
recommended by the competent authority i.e. the Senior Branch
Manager, Muzaffarpur, however the respondent-Bank not acting
on the said recommendation and not appointing the petitioner,
the petitioner moved this Court by filing the instant application.
5. A counter affidavit has been filed on behalf of the
respondent-Bank. Learned counsel for the respondent referring
to the contents of the counter affidavit submitted that the father
of the petitioner had applied for voluntary retirement under the
scheme on 1.5.2019. The VRS application was accepted by the
Head Office and communicated to the Zonal Office, however on
a communication having been received with respect to
discrepancy in the date of birth of the petitioner's father as per
the records of the high school, the application for VRS filed by
him was withheld. An inquiry was made from the Bihar School
Examination Board and the father of the petitioner was asked to
furnish his reply. Unfortunately, the father of the petitioner
passed away on 31.1.2020 during pendency of the inquiry.
Patna High Court CWJC No.4535 of 2022 dt.12-11-2025
6. It is submitted by learned counsel appearing for the
respondents that the application for compassionate appointment
of the petitioner could not be recommended to the zonal level on
account of the investigation into the complaints for which
clarification was awaited from the Bihar School Examination
Board. Learned counsel further submits that so far as
compassionate appointment is concerned, the Hon'ble Supreme
Court in the case on Tinku vs. State of Haryana & Ors. (Civil
Appeal no.8540 of 2024) has held that compassionate
appointment is not a vested right of appointment to be given to
the dependent without any scrutiny. The same is to be given to
the claimant only on his fulfilling the requirements as laid down
in the relevant policy, instructions or rules. As such, learned
counsel submits that in case this Court comes to the conclusion
that the petitioner is entitled for the relief as prayed for, the
matter be sent back to the Bank to decide the application in
accordance with the applicable provisions. Reference is made
by learned counsel to Clause 3.3(b) of Branch Circular No.
108/132 dated 29.9.2014 of the Bank of India Scheme for
Compassionate Appointment.
7. Heard learned counsel for the petitioner and learned
counsel for the respondent-Bank. Perused the material on
Patna High Court CWJC No.4535 of 2022 dt.12-11-2025
record.
8. The relevant facts in brief are that the father of the
petitioner who was working as a permanent employee in the
capacity of a Clerk in the Muzaffarpur Branch of the Bank of
India died in harness on 31.1.2020. The petitioner filed his
application on 24.8.2020 for his appointment on compassionate
ground. Not having received any response thereto, the instant
application was preferred.
9. From the records of the case and the submissions
made by learned counsel for the Bank it transpires that there
was some complaint with respect to discrepancy in the date of
birth of the petitioner's father which was recorded with the
Bank as 19.9.1964 whereas, according to the counter affidavit,
as per the records submitted by the Investigating Officer, the
date of birth was found to be 19.9.1952 as per records of the
relevant high school.
10. It is not in dispute that while this enquiry was still
going on, the father of the petitioner died on 31.1.2020. No
departmental proceeding was initiated against the father of the
petitioner during his lifetime.
11. It is not the case of the respondent-Bank that the
father of the petitioner was not qualified to hold the post on
Patna High Court CWJC No.4535 of 2022 dt.12-11-2025
which he was working at the time of his death or that he had
obtained his appointment on the basis of forged and fabricated
documents. Even accepting the case of the respondents, the
discrepancy in which an enquiry had been started related only to
the date of birth of the petitioner's father.
12. In view of the facts and circumstances stated
herein above, it being settled law that any disciplinary
proceedings pending against an employee abates automatically
on his death, so far as the instant case is concerned, the
disciplinary proceeding had not even commenced.
13. In view of the facts and circumstances stated
herein above, the Court is of the opinion that the prayer made in
the instant application merits consideration by the respondent-
Bank.
14. The respondent-bank is directed to decide the
application for compassionate appointment of the petitioner in
view of the observations made herein above within a period of
six weeks from the date of receipt/production of a copy of this
order.
15. In case the application of the petitioner does not
find favour with the respondents, a reasoned order with respect
to the same shall be passed by the respondents and
Patna High Court CWJC No.4535 of 2022 dt.12-11-2025
communicated to the petitioner within the aforesaid period.
16. The writ application stands disposed of with the
above observations and directions.
(Partha Sarthy, J)
avinash/-
AFR/NAFR NAFR
CAV DATE 30.10.2025
Uploading Date 12.11.2025
Transmission Date N/A
