Case Note & Summary
The appeal arises from a judgment of the High Court of Punjab and Haryana in RSA No.338 of 2011 dated 11.12.2015, which set aside the First Appellate Court's judgment dated 16.12.2009 in C.A. No.75 of 2008 and restored the Trial Court's judgment in Original Suit No.201 of 2005. The respondent's father, an employee of the appellant-Bank, died in harness on 16.05.1999. The Bank had a Scheme for appointment on compassionate grounds issued on 18.08.1998. The respondent claimed that upon his father's death, his mother made an application for his appointment. The Trial Court decreed the suit, but the First Appellate Court reversed it. The High Court restored the Trial Court's decree. The Supreme Court held that the Scheme must be strictly construed and that the application was made by the mother, not the respondent, who was a major. The Court allowed the appeal, setting aside the High Court's judgment and restoring the First Appellate Court's decree.
Headnote
A) Service Law - Compassionate Appointment - Scheme of 1998 - Strict Construction - The Scheme for compassionate appointment must be strictly construed as it is an exception to the general rule of open recruitment. The application must be made by the dependent of the deceased employee. In this case, the application was made by the mother, not the respondent, and the respondent was a major at the time of his father's death. Held that the High Court erred in restoring the trial court's decree (Paras 1-3).
Issue of Consideration
Whether the respondent is entitled to compassionate appointment under the Bank's Scheme when the application was made by his mother and not by him, and whether the High Court was justified in restoring the trial court's decree.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and restored the First Appellate Court's decree dismissing the suit.
Law Points
- Compassionate appointment is an exception to the general rule of open recruitment
- Scheme must be strictly construed
- Application must be made by the dependent
- Not a vested right
Case Details
Civil Appeal No(s).624/2017
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Nature of Litigation
Civil suit for declaration and mandatory injunction seeking compassionate appointment.
Remedy Sought
The respondent sought declaration and mandatory injunction for his appointment in the appellant-Bank on compassionate basis.
Filing Reason
The respondent's father died in harness on 16.05.1999, and the respondent claimed entitlement to compassionate appointment under the Bank's Scheme.
Previous Decisions
Trial Court decreed the suit; First Appellate Court reversed; High Court restored Trial Court's decree.
Issues
Whether the respondent is entitled to compassionate appointment under the Bank's Scheme when the application was made by his mother and not by him.
Whether the High Court was justified in restoring the trial court's decree.
Submissions/Arguments
The appellant-Bank argued that the Scheme must be strictly construed and the application was not made by the respondent.
The respondent contended that his mother made the application on his behalf and he was entitled to appointment.
Ratio Decidendi
Compassionate appointment is an exception to the general rule of open recruitment and must be strictly construed. The application for compassionate appointment must be made by the dependent of the deceased employee. In this case, the application was made by the mother, not the respondent, who was a major at the time of his father's death. Therefore, the respondent is not entitled to compassionate appointment.
Judgment Excerpts
This appeal arises out of a judgment and decree passed by the High Court of Punjab and Haryana in RSA No.338 of 2011 dated 11.12.2015.
Briefly stated, the facts of the case are that the respondent’s father who was working in the appellant-Bank, died in harness on 16.05.1999.
As on that date, the appellant-Bank had a Scheme in place for appointment of dependents of the deceased employees on compassionate grounds which was issued on 18.08.1998.
Procedural History
The respondent filed Original Suit No.201 of 2005 which was decreed by the Trial Court. The First Appellate Court in C.A. No.75 of 2008 reversed the decree on 16.12.2009. The High Court in RSA No.338 of 2011 restored the Trial Court's decree on 11.12.2015. The Bank appealed to the Supreme Court.
