Compassionate appointment can only be made in accordance with scheme of the employer

Rajasthan High Court: While deciding a case concerning compassionate appointment of child of a deceased employee of United Corporate Bank the Divisional Bench of Deepak Maheshwari and Sangeet Lodha, JJ. held that compassionate appointment is just to help the family in harness to get over the immediate crisis by the loss of sole breadwinner. This category of appointment cannot be claimed as a right after a lapse of the period when the crisis is over. Financial status of the family is also to be looked into as per the scheme framed by the employer while giving compassionate appointment and such appointment cannot be conferred contrary to the scheme.

In the present case, death of father of the petitioner took place 17 year ago, hence the Court held that the period of crisis for the  family is over. Further, the condition of the family was not found to be penurious as required under the parameters of the scheme of the employer Bank applicable at the time of deciding the application for compassionate appointment.

The  Court relied on the judgement of the Supreme Court in  State Bank of India v. Somvir Singh, (2007) 4 SCC 778 and observed that it is within the domain of the employer to calculate the income of the family of the deceased employee and the Court should not disturb the finding arrived at by the employer. [UCO Bank (United Commercial Bank) v. Devi Kishan Harijan, 2016 SCC OnLine Raj 8299 , decided on 21.12.2016]

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