Rohit Kumar v. The Assistant General Manager (Allahabad Bank)

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12527 of 2019 ====================================================== Rohit Kumar, Son of Late Sunil Kumar @ Sunil Ram Resident of - Ambadkar Colony Khadpar, Sandalpur, P.O.- Mahandru, P.S.- Pirbahore, Dist- Patna. ... ... Petitioner/s

Versus

1.

The Assistant General Manager (Allahabad Bank) Regional Office, Patna. 2.

The Branch Manager, Allahabad Bank, Rajendra Nagar Branch, Patna. 3.

The Branch Manager, Allahabad Bank, B.N. College, Muradpur, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-06-2019 Heard the learned counsel for the petitioner and the respondents.

The petitioner seeks a direction to the management of Allahabad Bank to provide compassionate appointment to him as his father had died in harness in the year 2001. The records reveal that at the time of death of the employee of the Allahabad Bank / father of the petitioner, he was only 9 years old. The petitioner became 18 years of age about 10 years ago and now he is claiming appointment on compassionate ground.

Though several grounds have been raised in the writ petition seeking a direction for grant of compassionate

Patna High Court CWJC No.12527 of 2019(2) dt.26-06-2019 2/2 appointment but the law in this regard is absolutely clear. Compassionate appointment cannot be a methodology for providing employment through backdoor. The scheme of compassionate appointment has evolved in the service jurisprudence for providing immediate succor and relief to a bereaved family. This is an immediate step to prevent the family of the deceased employee from destitution. With the passage of number of years after the death of an employee, the whole issue of emergency extinguishes and such method of appointment would only be resorted to in exceptional circumstances.

There may have been some delay on the part of the respondent/Bank; nonetheless because the death took place in the year 2001, this Court is not inclined to accept the prayer made in the writ petition.

The writ petition has no merits. It is dismissed, accordingly.

(Ashutosh Kumar, J) skm/- U