TMI Blog2010 (2) TMI 1042X X X X Extracts X X X X X X X X Extracts X X X X ..... ion under the new scheme, if and when made, and pay the lump sum ex gratia amount due in terms of that scheme, to the beneficiaries, within four months of the receipt of the application. - CIVIL APPEAL NO. 1641 OF 2010 - - - Dated:- 8-2-2010 - R.V.RAVEENDRAN, and K. S. RADHAKRISHNAN, JJ. ORDER R.V.RAVEENDRAN, J. Leave granted. Heard the parties. 2. The respondent's father employed as a Messenger in the Appellant Bank, died on 1.10.2004. Respondent s mother made applications dated 6.6.2005 and 14.6.2005 requesting for his appointment on compassionate grounds. When the applications were being processed and verified, the compassionate appointment scheme was substituted by the SBI Scheme for payment of ex-gratia Lumpsum Amount ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the respondent for appointment on compassionate grounds, holding that the old scheme applied and the new scheme was only prospective in operation. The said order was affirmed by the Division Bench by order dated 1.9.2008, which is under challenge in this appeal by special leave. 4. Learned counsel for the Bank submitted that even though the respondent's father died on 1.10.2004, the application for compassionate appointment was made only in June 2005; that before the application could be processed, the compassionate appointment scheme was abolished and was replaced by a new scheme on 4.8.2005; and that therefore, the Bank was justified in calling upon the respondent to apply under the new ex-gratia scheme. 5. On the other hand, lear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Normally the three basic requirements to claim appointment under any scheme for compassionate appointment are: (i) an application by a dependent family member of the deceased employee; (ii) fulfillment of the eligibility criteria prescribed under the scheme, for compassionate appointment; and (iii) availability of posts, for making such appointment. If a scheme provides for automatic appointment to a specified family member, on the death of any employee, without any of the aforesaid requirements, it can be said that the scheme creates a right in favour of the family member for appointment on the date of death of the employee. In such an event the scheme in force at the time of death would apply. On the other hand if a scheme provides that o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... having a bearing on eligibility, and financial condition, upto the date of consideration may have to be taken into account. As none of the applicants under the scheme has a vested right, the scheme that is in force when the application is actually considered, and not the scheme that was in force earlier when the application was made, will be applicable. Further where the earlier scheme is abolished and the new scheme which replaces it specifically provides that all pending applications will be considered only in terms of the new scheme, then the new scheme alone will apply. As compassionate appointment is a concession and not a right, the employer may wind up the scheme or modify the scheme at any time depending upon its policies, financia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sal of the application, despite the delay, if any, involved although it is desirable to dispose of the applications, expeditiously. We may also refer to the decision of this Court in Kuldeep Singh v. Govt. of NCT of Delhi [2006 (5) SCC 702] which considered the question of grant of liquor vend licences. This Court held that where applications required processing and verification the policy which should be applicable is the one which is prevalent on the date of grant and not the one which was prevalent when the application was filed. This Court clarified that the exception to the said rule is where a right had already accrued or vested in the applicant, before the change of policy. 10. In this case the employee died in October, 2004, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after the dispute arose, in the present matter in 2005. Therefore, the claim of the respondent that the income of the family of deceased is Rs. 5855/- only, which is less than 40% of the salary last drawn by Late Shri. Sukhbir Inder Singh, in contradiction to the 2005 scheme does not hold water . The said observations are read out of context by the respondent. In that case the Bank employee died on 1.8.1999. Application was filed by the widow on 5.2.2000. The case of the widow was considered twice and the request for appointment on compassionate grounds was declined by taking into consideration the financial position/capacity of the family. The High Court allowed the writ petition filed by the widow in 2004 on the ground that the termin ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
