NDLI: Indian Bank & Ors. Vs. Promila & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Compassionate appointment Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law – Compassionate appointment – Principles applicable to the cases of – In the appellant-Bank, scheme was brought into force for compassionate appointment on 04.04.79 – New Scheme was promulgated on 05.11.85 which in effect continued the old Scheme – Person appointed as Clerk-cum-Shroff in the Bank – Died on 15.1.04 – Survived by his wife (respondent no.1 and three minor children, one of the son being respondent no.2) – Application made on behalf of respondent no.2, when he was minor, seeking compassionate employment – Post the said application, new Scheme was brought into force w.e.f. 27.04.04, in supersession of the previous Scheme – One of the condition for such Scheme was that the monthly income of the family (including terminal benefits, insurance claims, investments, etc. as well as pension and spousal income) was less than 60% of the last drawn gross salary, net of taxes, of the deceased employee – Respondents did not apply under the new Scheme – Also, respondent no.1’s gross salary declaration only on 17.02.06 crossed the benchmark of 60%, thus they were informed that even cash compensation was not available to them and that there could be no question of compassionate appointment – Respondents sought compassionate appointment under the 2004 Scheme, upon the respondent no.2 attaining age of majority – High Court granted Rs.2 lakh ex gratia payment, leaving open to the respondents to make appropriate application regarding any terminal benefits, if not paid – Held: Compassionate appointment is not an alternative to the normal course of appointment – There is no inherent right to seek compassionate appointment – Question of applicability of any subsequent Scheme really does not apply in view of the judgment of Supreme Court in Canara Bank – Thus, it would not be appropriate to examine the case of the respondents in the context of subsequent Schemes, but only in the context of the Scheme of 4.4.1979, the terms of which continued to be applicable even as per the new Scheme of 5.11.1985, i.e. the Scheme applicable to the respondents – There is no provision in this Scheme for any ex gratia payment – Further, option of compassionate appointment was available only if the full amount of gratuity was not taken, something which was done – Thus, the option of compassionate appointment really was not available to the respondents – Keeping in mind the basic principles applicable to the cases of compassionate employment, i.e., succor being provided at the stage of unfortunate demise, coupled with compassionate employment not being an alternate method of public employment, it is noticed that the respondents had the wherewithal at the relevant stage of time, as per the norms, to deal with the unfortunate situation– It is not for the Courts to substitute a Scheme or add/subtract from the terms thereof in judicial review – Court may have sympathy with the respondents, but sympathy alone cannot give remedy, more so when the relevant benefits available to the respondents were granted by the Bank and when respondent no.1, herself was in employment having monthly income above the benchmark – Impugned order set aside – Writ petition originally filed by the respondents is dismissed.
Judge	Hon'ble Mr. Justice Sanjay Kishan Kaul
Neutral Citation	2020 INSC 13
Petitioner	Indian Bank & Ors.
Respondent	Promila & Anr.
SCR	[2020] 1 S.C.R. 408
Judgement Date	2020-01-08
Case Number	2798

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