Summary
The deceased bank employee’s family was not entitled to compassionate appointment or the ex gratia payment awarded by the High Court. Under the scheme applicable at death, receipt of full-term gratuity excluded the employment option and there was no ex gratia provision. Later schemes could not replace that scheme; the widow’s income also exceeded their eligibility benchmark.
Issues
- Which compassionate assistance scheme governed the claim.
- Whether the family qualified for employment or ex gratia relief.
Provisions considered
- Paragraphs 7 and 8, Indian Bank compassionate appointment scheme, Circular No. 56/79 dated 4 April 1979The scheme provided an option between full-term gratuity and consideration for compassionate employment, with no entitlement as of right. (¶¶ 3, 4, 15)
Held
- The scheme prevailing at the employee’s death governed; the 1985 scheme retained the earlier norms. The applicable scheme contained no ex gratia benefit, and acceptance of full gratuity foreclosed its compassionate employment option. (¶¶ 3, 5, 15)
- Even on the inapplicable later schemes, the widow’s disclosed earnings took the family beyond the stipulated income benchmark. The Bank’s invitations to apply could help only if the substantive eligibility conditions were met. (¶ 16)
- Compassionate employment supplies immediate relief rather than an alternative route to public employment. Judicial review cannot substitute a scheme or add to or subtract from its terms; sympathy did not sustain the High Court’s payment direction. (¶¶ 17, 18)
Result
Bank’s appeal allowed. The High Court’s order awarding Rs.2 lakh ex gratia was set aside and the family’s writ petition dismissed. Parties to bear their own costs.