TMI Blog2007 (2) TMI 581X X X X Extracts X X X X X X X X Extracts X X X X ..... ely based on the observations of this Court in Umesh Kumar Nagpal vs. State of Haryana Ors., (1994) 4 SCC 138. Subsequently, on 23.08.1996, the Indian Banks Association issued a circular suggesting to all Public Sector Banks, certain amendments to the scheme on compassionate appointment, while taking into account the financial condition of the family, the family pension, gratuity, proceeds of LIC, etc should be taken into consideration. Based on the guidelines issued by the Government of India and the Indian Banks Association, the appellant Bank framed a scheme for appointment on compassionate grounds for dependent of deceased employees. A memorandum of the same was presented before the Central Board of the Bank, which was approved on 16.11.1996. On 01.08.1999, Record Assistant (Cash Accounts) in the Dhab Wasti Ram, Amritsar branch, Sri. Sukhbir Inder Singh (late), passed away. The respondent, widow of Sri. Sukhbir Inder Singh applied for compassionate appointment in the appellant Bank on 05.02.2000. On 07.01.2002, the competent authority of the Bank declined the application of the respondent in view of the scheme vis-`-vis the financial position of the family. Against this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t failed to appreciate that in the present case the family of the deceased employee consists of widow, twin daughters and one son, and the financial condition of the family is as under: a) a sum of Rs.4,57,607/- as terminal benefits has been paid (after deducting Rs.19,183/- towards liabilities); b) a sum of Rs.2055/- p.m. was being paid towards family pension and monthly income under Staff Mutual Welfare Scheme. c) The total monthly income of the family comes to Rs.5855/- (monthly pension of Rs.2055/- + Rs.3800/- p.m. as notional interest on the investment of Rs.4,57,607/-). It was further submitted that the High Court failed to appreciate the fact that the terminal benefit of Rs.4,57,607/- paid to the family is an integral part of the financial security made available to the family of the deceased. The payment of terminal benefits are an important factor and cannot be left out while considering the financial condition of the family.Mr. Mukul Rohtagi submitted that the Division Bench of the High Court erred in substituting its views with the views/findings of the competent authority, by holding that the family income "is not sufficient for the bare maintenance of the fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tted that compassionate appointment cannot be claimed as a matter of right. Moreover the public office is not heritable. The High Court failed to appreciate the ratio in General Manager (D PB) Ors. vs. Kunti Tiwary Anr., (2004) 7 SCC 271 case where it was held that the criteria of penury has to be applied and only in cases where the condition of the family is "without any means of livelihood" and "living hand to mouth" that compassionate appointment was required to be granted. The learned counsel appearing for the respondents submitted that the touchstone of compassionate employment is a stage of penury and destitution to which the family is reduced to as a result of the death of an employee in harness. Late Shri. Sukhbir Inder Singh was drawing a monthly salary of Rs. 15000/- when he died. On his death, besides his widow he left behind three minor children including two 15 years old daughters and a son who was 8 years of age. The respondents contented that the bank has not considered the case of dependent of Sukhbir Inder Singh keeping in view the size of the family and liabilities. Further the respondents relied on para 8 of the Scheme which reads as under:- "8) EX ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plications and merit. However, exceptions are made in favour of dependents of employees dying in harness and leaving their family in penury and without any means of livelihood". This Court has further observed in General Manager (D PB) Ors. vs. Kunti Tiwary Anr. (supra), that, "the particulars of their income have been noted in their application and it certainly could not be said on the basis thereof that the respondents were living hand to mouth. The Division Bench erred in diluting this criteria of penury to one of "not very well to do". It was again observed in 2005 by this Court in the case of SBI vs Vikas Dubey, (Civil Appeal No.7003/05 dated 21.11.2005), also followed the decision in Kunti Tiwary (supra) case. Hence a major criterion while appointing a person on compassionate grounds should be the financial condition of the family the deceased person left behind. Unless the financial condition is entirely penury, such appointments cannot be made. In the present case the financial condition of the respondents family is not one of destitution, the appellants have already paid a sum of Rs.4,57,607/- as terminal benefits (after deducting Rs.19,183/- towards liabiliti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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