Alleged Unsatisfactory Record Of Deceased Employee Cannot Be Used To Deny Son's Compassionate Appointment Claim: MP High Court

The Madhya Pradesh High Court has held that an alleged unsatisfactory service record of the deceased government employee cannot be a valid ground to deny a claim of compassionate appointment.The bench of Justice Jai Kumar Pillai further cautioned the competent authorities against issuing orders that lack proper reasoning or rely on fabricated grounds. The bench observed, "A meticulous scrutiny of the aforementioned rejection order clearly reveals that it does not contain or cite any specific clause of the applicable policy which mandates that an "unsatisfactory service record" can be a valid ground for rejection. The respondents have completely failed to demonstrate how this alien criterion was imported into the decision-making process when the prevailing compassionate appointment scheme does not contemplate any such exclusionary provision'. The petitioner had filed a writ petition challenging the order of January 30, 2018, wherein the competent authority of the Bank arbitrarily declined the legitimate request for a compassionate appointment after the demise of his father. The petitioner's father was a regular employee of the Union Bank of India working in the post of 'Draftary'. He died from a massive and sudden heart attack after continuous and uninterrupted service of 22 years and 4 months. The petitioner, being an only son and dependent, applied for a compassionate appointment. However, his application was denied through a non-speaking order of January 30, 2018. The counsel for the petitioner argued that the appointment was refused on the false ground that his father's service record was unsatisfactory. The counsel for the petitioner argued that his father had a clean record throughout his 22-year tenure and that no major penalty was ever imposed against him. The court noted that the respondent had failed to represent themselves or file any reply despite service of notice, and thus the court was compelled to proceed ex parte. The bench, further relying on Supreme Court judgments, reiterated that compassionate appointment is an exception, which is aimed at enabling the family to tide over a sudden financial crisis. Such an appointment, thus, must be provided immediately while considering the family's overall financial condition, liabilities and total absence of alternative livelihood. After scrutiny of the rejection order, the court observed that it lacked any specific clause that mandates that an unsatisfactory service record can be a ground to reject a compassionate appointment. The bench further expressed 'utter surprise' over how the authorities had used the unsatisfactory service record of the father as a 'weapon' to reject the compassionate appointment claim of the son. The bench further highlighted that the authorities have 'bypassed the very essence and strict text' of their own compassionate appointment policy. The bench remarked, "These types of mechanical and apathetic rejections, which quote non-existent or legally unsupported reasons, are heavily criticized and strongly deprecated by this Court". Thus, the bench held that the impugned order was illegal and liable to be set aside. Accordingly, the petition was allowed, and the respondents were directed to reconsider the compassionate appointment claim within 60 days. The bench also directed the authorities to pay a cost of ₹50,000 to the petitioner for the immense hardship caused to him. Before concluding the matter, the court took strong exception to the 'glaringly apathetic approach' adopted by the authorities and thus, strictly warned the authorities to pass reasoned and speaking orders. The bench directed; "Therefore, the authorities are strictly warned that any future rejection orders found to be bereft of proper reasoning or based on fabricated grounds outside the governing policy will be viewed with profound judicial displeasure". Case Title: Nikhil Kol v Union Bank of India, WP 794 of 2019For Petitioner: Advocate N.P Choudhary Click here to read/download the Order

Alleged Unsatisfactory Record Of Deceased Employee Cannot Be Used To Deny Son's Compassionate Appointment Claim: MP High Court

Jayanti Pahwa

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