Case Note & Summary
The case involved an appeal by the Central Bank of India against a judgment of the Aurangabad Bench of the High Court, which had directed the bank to consider the respondent for compassionate appointment based on his application. The respondent's father, a bank employee, had retired prematurely due to medical reasons, and the respondent applied for compassionate appointment while suppressing his employment status with ICICI Bank. The bank's committee rejected the application on the grounds that the family’s income exceeded the threshold set by the Compassionate Appointment Scheme. The High Court's ruling was based on precedents that suggested financial criteria should not be the sole basis for rejection. However, the Supreme Court found that the High Court erred in ignoring the financial criteria and the suppression of facts by the respondent. The court reiterated that compassionate appointments are exceptions to the rule of equality and must adhere to the established financial criteria. The appeal was allowed, and the High Court's order was set aside, with no costs awarded.
Headnote
A) Employment Law - Compassionate Appointment - Financial Criteria - Compassionate Appointment Scheme, 2014 - The court held that financial criteria for compassionate appointment is valid and must be strictly adhered to, as it ensures that the quota for compassionate appointments is not filled by those who are not in acute financial distress. The court emphasized that the family’s financial condition must be assessed to determine eligibility for compassionate appointment (Paras 19-21).
Issue of Consideration
Whether the financial condition of the family can be a ground for rejecting a claim for compassionate appointment under the Compassionate Appointment Scheme.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and ruled that the financial criteria for compassionate appointment must be strictly adhered to.
Law Points
- Compassionate appointment
- financial criteria
- suppression of facts
- eligibility criteria
- compassionate grounds
