Compassionate appointmnet
archana
(Querist) 18 August 2014
This query is : Resolved
Sir,
My father expired in the year 2000.he was in one of the PSB. My mother applied for the compassionate appointment in the same year but got a reply from the bank saying that our financial condition was good enough to survive without a job(no one came for inspection and obviously our condition was not good enough.)my grandmother's medical condition was not good.We had a lot of medical expense on her that time.I and my brother were also below 18 years.neither we were given any such amount as compensation,so after trying much on our level we filled a case on bank in 2004.we were also told that appointment on such basis was discontinued that time.(however,through RTI we got a list of more than hundred such appointments in that period.)the case is still pending in the court at present.now we came to know about a notification saying that appointment on compassionate ground has been started again.I want to know will we be getting benefit of this notification in our case?and if no where are we lacking in our case?
ROHIT SHARMA
(Expert) 18 August 2014
1. Since now you have came to know about a notification saying that appointment on compassionate ground has been started again, this will give you the benefit. Produce such notification before the court.
Rajendra K Goyal
(Expert) 18 August 2014
Due to Supreme Court Judgment in some case, the compensatory appointment was stopped by the PSB, now started as per a news item few days back.
archana
(Querist) 18 August 2014
Thanks for the reply.But in the notification it is mentioned that this scheme is applicable from 05.08.2014.so is there any benefit in our case?
archana
(Querist) 18 August 2014
Here is the link for the notification
http://importantbankingnews2.blogspot.in/2014/08/appointment-on-compassionate-ground.html?m=1
Sudhir Kumar, Advocate 
(Expert) 19 August 2014
Prima facie appears to be a time barred case. (at least as per given facts.
Sudhir Kumar, Advocate
(Expert) 19 August 2014
further, it is not clear on which ground you move case on bank and where did you move and when were you refused.
Better you may meet nearest service matter lawyer with all papers.
Advocate. Arunagiri
(Expert) 19 August 2014
It is over 14 years, you have no chance of getting the compassionate appointment.
archana
(Querist) 19 August 2014
1.bank refused to give job to my mother in year 2000 itself as a reply to my mother's application for appointment on compassionate ground.
2.we filed the case on bank for not giving appointment on compassionate ground in the year 2004.
3.the case is filed at Allahabad High court.
Sudhir Kumar, Advocate
(Expert) 19 August 2014
what prevents you from giving full facts.
when was the case decided.
what exactly were the directions of the court
when appointment has been refused.
Advocate. Arunagiri
(Expert) 19 August 2014
What is the outcome of the Writ Petition filed in 2004?
archana
(Querist) 19 August 2014
Its pending
Advocate. Arunagiri
(Expert) 19 August 2014
I have my own doubt on this Writ Petition. The court will not keep a writ petition for compassionate appointment, pending for more than 10 years. Normally it will be disposed in 6 months time.
If you can give me the case Number, I will check the exact status.
archana
(Querist) 20 August 2014
First of all thanx for ur replies.I have tried to provide all the possible facts here.If still there is something missing plz let me kno.
1.These were the directions of the court:
The contention raised in the writ petition is that the petitioneŕs claim has been rejected on erroneous considerations. A counter-affidavit has been filed and in paragraph nos.17 to 28, the respondent - Bank has justified the impugned order on the ground that the petitioneŕs financial condition was quite sound and since there was no immediate destitution, thereforę the bank was not bound to extend the benefit of compassionate appointment to the petitioner.
ThereafteÅ—, the petitioner has filed a supplementary-affidavit stating therein that 134 candidates have been offered compassionate appointment and, as such, no distinction could have been drawn in the case of the petitioner. The circumstances under which such appointments had been given to 134 candidates is not available on record.
Learned counsel for the bank may file an appropriate reply to the said supplementary-affidavit explaining as to how the bank has exercised its discretion in favour of those 134 candidates so as to avoid any discrimination to the petitioner.
2.After this the bank provided full detail of all the 134 candidates in a report of approx 400 pages.mentioning why they were given job.(many of them were not correct as per our lawyers findings.)
3.now it was our lawyers for further proceedings but since then the only thing we are able to hear from our lawyer is that the bench is not favorable.Wait for a favorable bench.
4.after year 2010 no proceedings have been done.
H.M.Patnaik
(Expert) 07 September 2014
See there is nothing like a favourable bench. If your case bears any merit, your prayer will be judiciously disposed of .
So, pl. ask your lawyer to take furthur steps in the matter and make regular follow up for resolving the long pending issue.
