2010 (2) TMI 1311 - SC - Indian Laws

Summary

Issues involved: Interpretation of compassionate appointment schemes and the applicability of old and new schemes in the case of a deceased employee's family member.

The judgment dealt with the issue of the Respondent's entitlement to compassionate appointment following the death of their father, an employee of the Appellant Bank. The Respondent's mother had applied for compassionate appointment on behalf of the Respondent, but the scheme under which the application was made was subsequently replaced by a new ex gratia lump sum scheme. The key contention was whether the old scheme or the new scheme applied to the pending application made by the Respondent's family. The Respondent challenged the Bank's decision to advise them to apply under the new scheme, leading to a writ petition before the Allahabad High Court.

The Court analyzed the provisions of the new scheme that replaced the old compassionate appointment scheme. It was highlighted that the new scheme explicitly stated that all pending applications would be considered under the new scheme, effectively abolishing the old scheme for compassionate appointments. The Court emphasized that compassionate appointment is a concession and not a right, and the employer has the discretion to modify or abolish such schemes based on policies and availability of posts.

The judgment underscored that the eligibility for compassionate appointment is subject to the scheme in force at the time of consideration, not when the application was initially made. It was clarified that the mere submission of an application under an old scheme does not confer a right if the scheme is subsequently abolished. The Court referenced previous decisions to support the principle that the scheme prevalent at the time of consideration should apply, rather than the scheme in force when the application was filed.

In conclusion, the Court held that the Respondent was not entitled to compassionate appointment under the old scheme, as the new scheme had come into force before the application could be processed. The appeal was partially allowed, setting aside the previous orders and directing the Respondent to file a fresh application under the new scheme for the ex gratia payment, as per the Bank's directive.