Case Note & Summary
The petitioner, Nitin s/o Yohan Arawade, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus to quash the order dated 25.01.2018 communicated on 31.03.2018, and to direct the respondent, Central Bank of India, to reconsider his claim for compassionate appointment. The petitioner's father, Yohan Paulas Arawade, was employed as a Special Assistant at the Kolegaon Branch, District Ahmednagar, and had served for 34 years and 2 months. He opted for Voluntary Retirement (VRS) on medical grounds after the Permanent Medical Board of the Bank certified him as 'completely and permanently incapacitated' due to Impaired Cognitive Profile. The certificate from the Dean of Sasoon General Hospital, Pune dated 07.04.2015 indicated that the incapacity was not attributable to irregular habits. The respondent Bank had floated a scheme titled 'Sir Sorabji Pochkhanawala Memorial Death Relief Scheme for Employees of Central Bank of India' on 05.08.2014, which was undisputedly in existence. The petitioner contended that his father met with a severe accident in 2014, incurring medical expenses of Rs.10 lac, with the Bank assisting Rs.1.5 lac. There were six dependents including the petitioner and his divorced sister. The court, after hearing both sides, allowed the petition, set aside the impugned order, and directed the respondent to reconsider the petitioner's claim for compassionate appointment in accordance with law and the scheme.
Headnote
A) Service Law - Compassionate Appointment - Permanent Incapacitation - Sir Sorabji Pochkhanawala Memorial Death Relief Scheme for Employees of Central Bank of India - The petitioner sought compassionate appointment after his father voluntarily retired on medical grounds due to permanent incapacitation. The court held that the scheme applies to cases of permanent incapacitation and directed the respondent to reconsider the petitioner's claim in accordance with law and the scheme. (Paras 1-6)
Issue of Consideration
Whether the petitioner is entitled to compassionate appointment under the Sir Sorabji Pochkhanawala Memorial Death Relief Scheme for Employees of Central Bank of India, when his father voluntarily retired on medical grounds due to permanent incapacitation.
Final Decision
The petition is allowed. The impugned order dated 25.01.2018 communicated on 31.03.2018 is quashed and set aside. The respondent is directed to reconsider the claim of the petitioner for compassionate appointment in accordance with law and as per the scheme in existence.
Law Points
- Compassionate appointment
- Voluntary retirement on medical grounds
- Permanent incapacitation
- Scheme for compassionate appointment
- Writ of mandamus
