Rajasthan High Court - Jodhpur
Chhoturam vs The Union Bank Of India on 14 October, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:44703]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Second Appeal No. 1/2019
Chhoturam S/o Shri Ramlal, Aged About 39 Years, R/o Gali No.
2, Gangour Nagar, Near Durgesh Cinema, Tehsil And District
Sriganganagar (Raj.)
----Appellant
Versus
1. The Union Bank Of India, Head Office - Union Bank
Bhawan, 239, Vidhan Bhawan Marg, Nariman Point,
Mumbai 21, Branch Office 18 C Block, Ravindra Path,
Sriganganagar, Through Branch Manager.
2. The Union Bank Of India, Head Office - Union Bank
Bhawan, 239, Vidhan Bhawan Marg, Nariman Point,
Mumbai 21
----Respondents
For Appellant(s) : Mr. Himmat Jagga
For Respondent(s) : Mr. Dhanesh Kumar Saraswat.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
Reserved on: 09/10/2025
Pronounced on: 14/10/2025
1. The present second appeal under Section 100 of the Code of
Civil Procedure has been filed against the judgment and decree
dated 16.10.2018 passed by the learned District Judge, Sri
Ganganagar in Regular Civl Appeal Nos.07/2013 (CIS No.69/2014)
whereby the appeal filed by the respondents - defendants has
been allowed and the judgment and decree dated 07.02.2013
passed by the Civil Judge (Junior Division), Sri Ganganagar in
Original Suit No.221/2004 was reversed.
2. Learned counsel for the appellant narrating the facts in brief
apropos for the present second appeal submitted that appellant -
(Uploaded on 14/10/2025 at 03:47:35 PM)
[2025:RJ-JD:44703] (2 of 4) [CSA-1/2019]
plaintiff had filed a suit for mandatory injunction against the
defendants inter alia seeking compassionate appointment in the
defendant - bank on account of death of his mother Smt. Laxmi
Devi while in service. In the plaint, it was stated that mother of
plaintiff (Smt. Laxmi Devi) while working as Safai Karamchari in
the defendant bank passed away on 20.01.2003. Smt. Laxmi Devi
during her life time, executed a will as per which the appellant -
plaintiff was declared as sole legal representative to receive all her
service benefits including compassionate appointment after her
death. Learned counsel submitted that after death of Smt. Laxmi
Devi, defendant - bank had released all her death-cum-retiral
benefits in favour of the present appellant - plaintiff. However,
refused to provide him compassionate appointment as per the
Rules in vogue.
3. Learned counsel submitted that the learned trial Court vide
its judgment and decree dated 07.02.2013 directed defendant -
bank to provide compassionate appointment to the appellant -
plaintiff. However, the learned appellate Court vide judgment and
decree dated 16.10.2018 reversed the findings of learned trial
Court without taking into consideration the oral and documentary
evidence produced before it so also without considering the fact
that his mother was working as an employee of the respondent -
bank at the time of her death. Therefore, the impugned judgment
and decree dated 16.10.2018 may kindly be quashed and set
aside and judgment and decree dated 07.02.2013 may be
confirmed.
4. Per contra, learned counsel for the respondent - defendant
submitted that the learned appellate Court has rightly considered
(Uploaded on 14/10/2025 at 03:47:35 PM)
[2025:RJ-JD:44703] (3 of 4) [CSA-1/2019]
the entire oral and documentary evidence led by the parties and
reached to a conclusion that as per the Bank Staff Circular
No.4989 dated 22.07.2003, the petitioner is not entitled for
compassionate appointment in the defendant - bank. The mother
of the appellant - plaintiff was not falling within the purview of
employee as mentioned in the Circular dated 22.07.2003. That
apart, compassionate appointment cannot be claimed as a matter
of right and the same can be denied if the family of the deceased
do not satisfy the indigent/financial distress criteria as provided
under the Rules.
5. Heard learned counsel for the parties at Bar. Perused the
material available on record.
6. The learned appellate Court has framed following issues for
consideration:-
"पक्षकारों के उपर्युक्त अभिवचनों के आधार पर न्यायालय द्वारा निम्न
विवाद्यक विरचित किए गए -
1. आया वादी विरूद्ध प्रतिवादीगण इस आशय की आज्ञात्मक व्यादे श की
डिक्री कि वादी की माता स्व लक्ष्मी दे वी सफाई कर्मचारी जिसकी सेवा
काल में दिनां क 26.01.03 को मृत्यु हुई, का वारिस व नौकरी पाने का
हकदार है तथा पात्र है , को उसके स्थान पर नौकरी प्रदान करके नियुक्ति
प्रदान करे , पारित करवाने का अधिकारी है ?
-वादी
2. आया घोषणात्मक वाद के अभाव में केवल आज्ञापक व्यादे श का वाद
पोषणीय नहीं है ?
- प्रतिवादी
3. आया प्रतिवादी बैंक वादी से 10,000/- रूपए हर्जाना पाने का
अधिकारी है ?
- प्रतिवादी
4 अनुतोष?"
7. The appellate Court decided both the issues against the
appellant - plaintiff and held that as per the Circular dated
22.07.2003 issued by the bank - defendant to consider the
matters pertaining to the compassionate appointment, no legal
(Uploaded on 14/10/2025 at 03:47:35 PM)
[2025:RJ-JD:44703] (4 of 4) [CSA-1/2019]
right is created in his favour to claim compassionate appointment.
No application in conformity with the applicable provisions has
been filed by the appellant - plaintiff before the respondent - bank
claiming his right of compassionate appointment. The financial
benefits on account of death of Smt. Laxmi Devi have already
been granted to the appellant - plaintiff.
8. In the opinion of this Court, no illegality or perversity has
been committed by the appellate Court while reversing the
judgment and decreed dated 07.02.2013 passed by the learned
Civil Court. It is a settled law that compassionate appointment
cannot be granted contrary to the applicable policy, rules or
instructions as such appointment is not a matter of right or
entitlement but is a concession granted in special circumstances
so that the family of the deceased employee can get financial
stability and does not face the 'hand to mouth' condition.
9. In view of aforesaid, no question of law, much less, no
substantial question of law arises for adjudication by this Court,
for which this second appeal fails and is accordingly dismissed.
(KULDEEP MATHUR),J
himanshu/-
(Uploaded on 14/10/2025 at 03:47:35 PM)
Powered by TCPDF (www.tcpdf.org)
