Service Law

Compassionate appointment

— Grant of, in all cases — Adverse effects of — Where fresh recruitment with the employer Bank had reduced considerably, held, grant of employment on compassionate grounds in all cases, held, would shut the door for employment to the increasing unemployed youth — More particularly, when the industry was required to reduce the employees by offering retirement schemes and the Scheme for compassionate employment required the financial conditions of the family to be examined in accordance with the norms specified therein — Moreover, grant of compassionate employment by courts ignoring the said facts would encourage litigation by aspirants of such employment, (2006) 7 SCC 350-A

Service Law

Compassionate appointment

— Entitlement to — Union Bank of India Scheme for Appointment of Dependants of Deceased Employees on Compassionate Grounds, 1997 — A dependent of a deceased employee of the Bank making an application under, held, does not automatically become entitled to get compassionate employment — Nor does the possession of relevant qualification create any vested right in his favour to get appointed to a post specified by the Scheme — His right is limited to get preferential treatment against the general principle of appointment, subject to the discretion of the Bank — In the present case, the actual amount received by the widow out of the amounts of different benefits sanctioned by the Bank on the death of the employee and deposited by her in fixed deposit fetching a recurring monthly income of interest which coupled with the family pension exceeding the net salary of the deceased — Son of the deceased employee making an application for compassionate employment — In view of the parameters laid down in the Bank's Scheme for determining the financial condition of the family for taking a decision to grant compassionate employment, the Bank rejecting the said application — Such decision of the Bank, held, not arbitrary, (2006) 7 SCC 350-B

Service Law

Compassionate appointment

— Entitlement to — Union Bank of India Scheme for Appointment of Dependants of Deceased Employees on Compassionate Grounds, 1997, cls. 2(c) & 4 — Claim to compassionate employment made contrary to the provisions of the Scheme on the ground that several such appointments had already been made — Claimant pleading that denial of compassionate employment to him would therefore violate Art. 14 — Rejecting the said plea, held, Art. 14 could not be extended to legalise illegal orders, notwithstanding that in certain stray cases such orders had been passed earlier — Case-law on applicability of Art. 14 discussed, (2006) 7 SCC 350-C

Service Law

Compassionate appointment

— Findings of statutory authority regarding entitlement of the applicant to compassionate appointment — Scope of judicial review of — Objective findings of such authority arrived on appreciation of full facts, held, should not be disturbed — Where, after considering the application in terms of the Scheme framed by the employer Bank, the Bank found the applicant to be ineligible for appointment, held, High Court erred in holding otherwise, (2006) 7 SCC 350-D

Service Law

Compassionate appointment

— Grant of — Conditions precedent — Held, it can be granted only in situations warranting it, the guiding factor wherefor is the financial condition of the family, (2006) 7 SCC 350-E