AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2007 (2) TMI 732
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.... as appellant-Bank). The respondent's mother submitted an application requesting the appellant-Bank for appointment of respondent by way of compassionate appointment. The respondent at the relevant time was studying in his matriculation examination. The Zonal Office of the appellant-Bank at Chandigarh required the family of the deceased employee to furnish the details of assets/pension/loan/income and other details as are required in order to consider the compassionate appointment. The same were furnished by the respondent. The Deputy General Manager of the Bank submitted the proposal for the consideration of the Competent Authority in the printed format inter alia indicating the details regarding the deceased employee, terminal benefit....
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....that the family of the deceased employee had not been left in penury or without any means of livelihood. 3. Challenging the order of rejection, the respondent filed a writ petition in Punjab and Haryana High Court. The Division Bench held that the income of Rs. 2,798/- "could not be treated to be an amount for the family which could be termed as such amount to take out the family from penury." The High Court accordingly directed the appellant-Bank to reconsider the claim of the petitioner for compassionate appointment keeping in view the entire facts and circumstances of the case and the observations made in the order. The order of the High Court is challenged in this appeal. 4. In this appeal Shri Mukul Rohtagi, learned senior counse....
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....(2) protects citizens against discrimination in respect of any employment or office under the State on grounds only of religion, race, caste, sex, descent. It is so well settled and needs no restatement at our ends that appointment on compassionate grounds is an exception carved out to the general rule that recruitment to public services is to be made in a transparent and accountable manner providing opportunity to all eligible persons to compete and participate in the selection process. Such appointments are required to be made on the basis of open invitation of applications and merit. Dependants of employees died in harness do not have any special or additional claim to public services other than the one conferred, if any, by the employer....
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....ate grant of employment on compassionate grounds would shut the door for employment to the ever-growing population of unemployed youth. 9. There is no dispute whatsoever that the appellant-Bank is required to consider the request for compassionate appointment only in accordance with the scheme framed by it and no discretion as such left with any of the authorities to make compassionate appointment de hors the scheme. In our considered opinion the claim for compassionate appointment and the right, if any, is traceable only to the scheme, executive instructions, rules etc. framed by the employer in the matter of providing employment on compassionate grounds. There is no right of whatsoever nature to claim compassionate appointment on any g....
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....f livelihood. The scheme framed by the appellant-Bank in fact mandates the Authority to take those factors into consideration. The Authority also did not commit any error in taking into consideration the income of the family from other sources viz. the agricultural land. 12. In our considered opinion the High Court itself could not have undertaken any exercise to decide as to what would be the reasonable income which would be sufficient for the family for its survival and whether it had been left in penury or without any means of livelihood. The only question the High Court could have adverted itself is whether the decision making process rejecting the claim of the respondent for compassionate appointment is vitiated? Whether the order i....