CENTRAL BANK OF INDIAversusNITIN

1076                      [2022]REPORTS
                SUPREME COURT   6 S.C.R. 1076              [2022] 6 S.C.R.


 A                       CENTRAL BANK OF INDIA
                                        v.
                                     NITIN
                         (Civil Appeal No. 5111 of 2022)
 B                             AUGUST 03, 2022
        [INDIRA BANERJEE AND V. RAMASUBRAMANIAN, JJ.]
              Service Law – Compassionate Appointment – Respondent-writ
       petitioner’s father who was working in appellant-Bank applied for
       voluntary premature retirement on the ground of medical
 C
       incapacitation – Appellant permitted the same and he was relived
       from duty w.e.f. 26.06.2015 – Respondent applied for compassionate
       appointment in place of his father in terms of compassionate
       appointment scheme of the appellant – In the application, respondent
       supressed the fact that he was employed in a private Bank – The
 D     Committee constituted by appellant-Bank under the scheme rejected
       the respondent’s application on the ground that family of retired
       employee was not indigent as required under the scheme – High
       Court held that family was indigent or not could not be a ground
       for refusing compassionate appointment and directed the appellant
       to consider the case of respondent for compassionate appointment
 E
       – On appeal, held: There is financial criteria of eligibility for
       compassionate appointment under the compassionate Appointment
       Scheme of the Appellant bank and such Rules have to be construed
       strictly as compassionate appointment is an exception to the rule of
       equity – The application and the writ petition of Respondent was
 F     liable to be rejected alone on the ground of suppression of material
       facts – The impugned judgment of the High Court was set aside.
             Allowing the appeal, the Court
             Held: 1. It is well settled that compassionate appointment
       is an exception to the rule of equality, which enables the
 G     dependent family members of a medically incapacitated employee
       who has no option, but to retire, or a deceased employee, to tide
       over the immediate crisis caused by the incapacitation or death
       of the breadwinner. [Para 20][1083-C]

 H
                                      1076
              CENTRAL BANK OF INDIA v. NITIN                              1077


      2. In this case, there is a financial criteria of eligibility for   A
compassionate appointment under the Compassionate
Appointment Scheme. Rules which provide for a financial criteria
for appointment on Compassionate ground are valid and lawful
rules which have to be construed strictly, as otherwise the quota
reserved for compassionate appointment would be filled up
                                                                          B
excluding others who might be in greater and/or far more acute
financial distress. [Para 21][1083-E]
      3. As held by this court in State Bank of India vs. Raj Kumar
reported in (2010) 11 SCC 661, the claim for compassionate
appointment is traceable only to the Scheme framed by the
employer for such employment, and there is no right whatsoever            C
outside such scheme. There could be no automatic appointment
merely on application. The respondent-writ petitioner did not
have any special claim or special right to employment as
dependent family member of the retired employee. [Para 22][1083-
F-G]                                                                      D
      4. The High Court completely overlooked the fact that the
respondent had suppressed his appointment with ICICI Bank in
his application for compassionate appointment. The writ petition
was liable to be rejected on that ground alone. [Para 23][1083-H;
1084-A]                                                                   E
      Umesh Kumar Nagpal v. State of Haryana reported in
      (1994) 4 SCC 138 : [1994] 3 SCR 893; Canara Bank
      & Anr. v. M. Mahesh Kumar (2015) 7 SCC 412 : [2015]
      9 SCR 724; Balbir Kuar & Anr. v. Steel Authority of
      India Ltd. & Ors. (2000) 6 SCC 493 : [2000] 3 SCR                   F
      1053; Umesh Kumar Nagpal v. State of Haryana (1994)
      4 SCC 138 : [1994] 3 SCR 893; Yogesh Nagraoji Ugale
      v. State of Maharashtra through Principal Secretary &
      Ors. (2020) 19 SCC 426; State Bank of India v. Raj
      Kumar (2010) 11 SCC 661 : 2010 (3) SCALE 635 –
      referred to.                                                        G
                       Case Law Reference
[1994] 3 SCR 893                 referred to           Para 5
[2015] 9 SCR 724                 referred to           Para 15
                                                                          H
1078             SUPREME COURT REPORTS                         [2022] 6 S.C.R.


 A     [2000] 3 SCR 1053                  referred to           Para 15
       [1994] 3 SCR 893                   referred to           Para 16
               CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5111 of
       2022.
 B           From the Judgment and Order dated 04.08.2021 of the High Court
       of Judicature at Bombay, Bench at Aurangabad in W.P. No. 12352 of
       2018.
            Debal Kumar Banerji, Sr. Adv., Divyanshu Sahay, Ms. Shradha
       Narayan, Akshay Samay, Mithu Jain, Advs. for the Appellant.
 C           Pragyan Pradeep Sharma, Neeraj Kumar Gupta, Ranjeet Kumar
       Singh, Kartikay Dutia, Ms. Pallavi Kumari, Ms. Arti Prasad, Abhishek
       Kumar, Advs. for the Respondent.
               The Judgment of the Court was delivered by
               INDIRA BANERJEE, J.
 D
               1. Leave granted.
              2. This appeal is against the judgment and order dated 04.08.2021
       passed by the Aurangabad Bench of the High Court of Judicature at
       Bombay, (Division Bench), allowing the writ petition being Writ Petition
 E     No. 12352 of 2018 filed by the respondent and directing the appellant to
       consider the case of the respondent for compassionate appointment as
       per his seniority in filing the application for compassionate appointment,
       “but from the date of the petitioner having quit his clerical job with
       the ICICI Bank Limited”.

 F           3. The respondent-writ petitioner’s father, Mr. Y.P. Arawade, who
       was working as Special Assistant in the Kolgaon Branch of the Appellant-
       Bank in Ahmednagar District, Maharashtra applied for voluntary
       premature retirement from service on 16.04.2015 on the ground of medical
       incapacitation.

 G           4. The prayer of the respondent writ petitioner’s father for
       premature retirement on the ground of medical incapacitation was allowed
       with effect from 26.06.2015.
              5. The appellant-Bank has from time to time framed schemes for
       dependents of deceased employees/physically incapacitated employees
       in terms of the guidelines issued by the Government of India/Indian Banks
 H
               CENTRAL BANK OF INDIA v. NITIN                                 1079
                   [INDIRA BANERJEE, J.]

Association pursuant to the observations of this Court in Umesh Kumar         A
Nagpal v. State of Haryana reported in (1994) 4 SCC 138.
      6. A scheme called ‘Scheme for Payment of Ex-Gratia Lump
Sum Amount in lieu of Appointment on Compassionate Grounds’,
hereinafter referred to as “the Scheme”, came into force with effect
from 14.12.2005. The Scheme provided for payment of an ex-gratia              B
lump sum amount to employees seeking premature retirement on the
ground of medical incapacitation.
       7. Employees of the appellant-Bank seeking premature retirement
due to medical incapacitation, before attaining the age of 55 years, were
to be entitled to the benefit of the Scheme, subject to the condition that    C
the total monthly income of the family arrived at, as per the calculation
prescribed, was less than 60% of the last drawn gross salary of the
employee.
      8. By a Circular being CIR/HR/2014-15/532/4 dated 11.08.2014,
the Indian Banks’ Association circulated a revised scheme for                 D
compassionate appointment in Public Sector Banks pursuant to the
approval of the Government of India conveyed vide D.O. Letter No.18/
2/2013-IR dated 07.08.2014.
      9. The scheme as circulated by the Indian Banks’ Association
was adopted by the appellant-Bank. By a circular dated 08.04.2018, the        E
appellant-Bank notified “The Scheme For Appointment on
Compassionate Grounds or Payment of Lumpsum Ex-Gratia
Amount”, hereinafter referred to as the ‘Compassionate Appointment
Scheme’. The Compassionate Appointment Scheme came into effect
from 06.08.2014.
                                                                              F
       10. As recorded above, by an order dated 25.06.2015, the
appellant-Bank permitted said Y.P. Arwade, father of the respondent
writ petitioner to voluntarily retire from service on the ground of medical
incapacitation and he was relieved from duty w.e.f 25.06.2015.
      11. On 20.07.2015, the respondent writ petitioner applied for
                                                                              G
compassionate appointment in place of his father in terms of the
Compassionate Appointment Scheme. It appears that at the material
time when the respondent writ petitioner applied for compassionate
appointment, he had been working as a Clerk in the ICICI Bank Ltd.

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1080             SUPREME COURT REPORTS                           [2022] 6 S.C.R.


 A            12. In his application for compassionate appointment, the
       respondent writ petitioner suppressed the fact that he was employed in
       the ICICI Bank. He misrepresented himself as not employed. The
       respondent writ petitioner resigned on 02.03.2016, i.e., almost eight months
       after he submitted his application for appointment of compassionate
       grounds.
 B
              13. On 25th January, 2018 the application of the respondent was
       considered by a Four Member Committee constituted under the
       Compassionate Appointment Scheme. The Committee found that the
       retired employee was earning monthly pension of Rs.25,110/- and had
       received other retiral financial benefits totalling Rs.27,05,766/-. After
 C     adjusting loan liabilities of Rs.12,10,061/-, the net amount received was
       Rs.14,95,705/-. Further, the family of the retired employee got
       Rs.3,70,442/- from investments. The committee rejected the proposal for
       compassionate appointment of the respondent with petitioner on the
       ground that the family of the retired employee was not indigent as the
 D     family had an estimated monthly income of Rs.36,773/-, which was more
       than 60% of the last drawn gross salary of Rs.55,978/- of the retired
       employee. It was a condition of compassionate appointment under the
       Compassionate Appointment Scheme that the total income of the family
       should not exceed 60% of the last drawn gross salary of the retired
       employee.
 E
              14. Needless to mention that the monthly income of the family of
       the retired employee had been estimated without taking into account the
       monthly salary which the respondent writ petitioner had been receiving
       from ICICI Bank at the time when his father prematurely retired from
       service on the ground of medical incapacitation.
 F
              15. The High Court referred to the judgments of this Court in
       Canara Bank & Anr. vs. M. Mahesh Kumar reported in (2015) 7
       SCC 412; Balbir Kuar & Anr. vs. Steel Authority of India Ltd. &
       Ors. reported in (2000) 6 SCC 493; and Yogesh Nagraoji Ugale vs.
       State of Maharashtra through Principal Secretary & Ors. reported
 G     in (2020) 19 SCC 426 cited on behalf of the respondent-writ petitioner to
       contend that the right of the respondent-writ petitioner to be inducted in
       employment of the appellant-Bank on compassionate grounds could not
       be defeated merely because the family was indigent.
              16. Canara Bank (supra), is not an authority for the proposition
 H     that financial criteria cannot be the ground for rejection of a claim for
                 CENTRAL BANK OF INDIA v. NITIN                               1081
                     [INDIRA BANERJEE, J.]

compassionate appointment. Rather, this Court quoted with approval the        A
following paragraph in the earlier judgment of this Court in Umesh Kumar
Nagpal vs. State of Haryana reported in (1994) 4 SCC 138 :-
      “2. … The whole object of granting compassionate employment
      is thus to enable the family to tide over the sudden crisis. The
      object is not to give a member of such family a post much less a        B
      post for post held by the deceased. What is further, mere death of
      an employee in harness does not entitle his family to such source
      of livelihood. The Government or the public authority concerned
      has to examine the financial condition of the family of the deceased,
      and it is only if it is satisfied, that but for the provision of
      employment, the family will not be able to meet the crisis that a       C
      job is to be offered to the eligible member of the family. The posts
      in Classes III and IV are the lowest posts in non-manual and
      manual categories and hence they alone can be offered on
      compassionate grounds, the object being to relieve the family, of
      the financial destitution and to help it get over the emergency. The    D
      provision of employment in such lowest posts by making an
      exception to the rule is justifiable and valid since it is not
      discriminatory. The favourable treatment given to such dependant
      of the deceased mployee in such posts has a rational nexus with
      the object sought to be achieved viz. relief against destitution. No
      other posts are expected or required to be given by the public          E
      authorities for the purpose. It must be remembered in this
      connection that as against the destitute family of the deceased
      there are millions of other families which are equally, if not more
      destitute. The exception to the rule made in favour of the family
      of the deceased employee is in consideration of the services            F
      rendered by him and the legitimate expectations, and the change
      in the status and affairs, of the family engendered by the erstwhile
      employment which are suddenly upturned.’
            *                            *                            *
      20. Thus, while considering a claim for employment on                   G
      compassionate ground, the following factors have to be borne in
      mind:
      (i)       Compassionate employment cannot be made in the
                absence of rules or regulations issued by the
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1082                SUPREME COURT REPORTS                        [2022] 6 S.C.R.


 A                    Government or a public authority. The request is to be
                      considered strictly in accordance with the governing
                      scheme, and no discretion as such is left with any
                      authority to make compassionate appointment de hors
                      the scheme.
 B           (ii)     An application for compassionate employment must be
                      preferred without undue delay and has to be considered
                      within a reasonable period of time.
             (iii)    An appointment on compassionate ground is to meet the
                      sudden crisis occurring in the family on account of the death
 C                    or medical invalidation of the breadwinner while in service.
                      Therefore, compassionate employment cannot be granted
                      as a matter of course by way of largesse irrespective of
                      the financial condition of the deceased/incapacitated
                      employee’s family at the time of his death or incapacity,
                      as the case may be.
 D
             (iv)     Compassionate employment is permissible only to one of
                      the dependents of the deceased/incapacitated employee viz.
                      parents, spouse, son or daughter and not to all relatives,
                      and such appointments should be only to the lowest category
                      that is Class III and IV posts.”
 E
             17. In Balbir Kaur (Supra), this Court held on facts that a family
       benefit scheme assuring monthly payment to the family of a deceased
       employee was not a substitute for compassionate appointment. The finding
       was rendered in the context of the applicable circular pertaining to
       appointment on compassionate grounds.
 F
             18. In Umesh Naraoji Ugale (supra), the compassionate
       appointment was declined on the ground of a ban on compassionate
       appointment imposed on 22.08.2005 which was continued by a resolution
       dated 22.03.2012. This Court, however, found on facts that a relaxation
       had initially been granted for persons on the wait list till 31.12.2011.
 G     Thereafter, by a resolution dated 01.03.2014, the Government of
       Maharashtra had decided to increase the recruitment of Group ‘C’ and
       ‘D’ posts on compassionate ground from 5% to 10?% of vacant posts of
       Class ‘C’ and ‘D’ from 2012. The Court, therefore, concluded that the
       Government was continuing to make appointments on compassionate
       ground despite ban of 2005. The question of financial criteria for grant of
 H
               CENTRAL BANK OF INDIA v. NITIN                                  1083
                   [INDIRA BANERJEE, J.]

compassionate appointment was not at all in issue in Yogesh Nagraoji           A
Ugale (supra).
       19. In our view, the Division Bench patently erred in arriving at
the finding that whether the family was indigent or not could not be a
ground for refusing compassionate appointment to a candidate who was
otherwise eligible for appointment under the Compassionate Appointment         B
Scheme.
       20. It is well settled that compassionate appointment is an exception
to the rule of equality, which enables the dependent family members of
a medically incapacitated employee who has no option, but to retire, or a
deceased employee, to tide over the immediate crisis caused by the             C
incapacitation or death of the breadwinner. Compassionate Appointment
excludes equally or more meritorious candidates, much in need of a job,
from the zone of consideration. Consideration for compassionate
appointment must, therefore, be strictly in accordance with the prevalent
rules for compassionate appointment applicable to the deceased/
prematurely retired employee.                                                  D

      21. In this case, there is a financial criteria of eligibility for
compassionate appointment under the Compassionate Appointment
Scheme. Rules which provide for a financial criteria for appointment on
Compassionate ground are valid and lawful rules which have to be
construed strictly, as otherwise the quota reserved for compassionate          E
appointment would be filled up excluding others who might be in greater
and/or far more acute financial distress.
       22. As held by this court in State Bank of India vs. Raj Kumar
reported in (2010) 11 SCC 661 cited by Mr. Debal Kumar Banerji, learned
senior counsel appearing on behalf of the appellant-Bank, the claim for        F
compassionate appointment is traceable only to the Scheme framed by
the employer for such employment, and there is no right whatsoever
outside such scheme. There could be no automatic appointment merely
on application. The respondent-writ petitioner did not have any special
claim or special right to employment as dependent family member of the         G
retired employee.
       23. The High Court patently erred in ignoring the financial criteria
for compassionate appointment under the Compassionate Appointment
Scheme. Moreover, the High Court completely overlooked the fact that
the respondent had suppressed his appointment with ICICI Bank in his
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1084                SUPREME COURT REPORTS                      [2022] 6 S.C.R.


 A     application for compassionate appointment. The writ petition was liable
       to be rejected on that ground alone.
              24. The law with regard to compassionate appointment being well
       settled, it is not necessary for this Court to discuss the other judgments
       cited by Mr. Debal Kumar Banerji, more so since the application of the
 B     respondent-writ petitioner was, in any case, liable to be rejected on the
       ground of suppression of material facts.
             25. The appeal is, accordingly, allowed. The impugned judgment
       and order is set aside. There shall be no order as to costs.

 C
       Ankit Gyan                                                  Appeal allowed.




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