CANARA BANK AND ANR. versus M. MAHESH KUMAR

CANARA BANK AND ANR. versus M. MAHESH KUMAR

Claims for compassionate appointment must be adjudicated under the scheme operative at the time of the cause of action, namely, the death of the employee; subsequent administrative orders altering the scheme cannot have retrospective effect to deny accrued rights. Receipt of family pension or terminal benefits does not bar consideration under the relevant scheme.

Parties
Appellant: Canara Bank and Anr.; Respondent: M. Mahesh Kumar
Jurisdiction
India
Judgment Date
15 May 2015
Procedural Posture
Civil Appeal / Final Judgment Appeal From High Court of Kerala Order
Outcome
Appeals dismissed
Legal Topics
Compassionate Appointment, Bank Employment Schemes, Retrospective Effect of Administrative Orders
Service Law Compassionate Appointment Bank Employment Schemes Retrospective Effect of Administrative Orders

Case Brief

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Parties

Canara Bank and Anr.

Appellant

M. Mahesh Kumar

Respondent

Procedural Posture

Civil Appeal / Final Judgment Appeal From High Court of Kerala Order

Legal Issues

  1. 1 Whether the claim for compassionate appointment must be adjudicated under the scheme in force at the time of death or under a subsequent scheme
  2. 2 Whether introduction of ex-gratia payment scheme bars consideration of pending compassionate appointment applications under the old scheme
  3. 3 Effect of family pension and terminal benefits on the claim for compassionate appointment

Ratio Decidendi

Claims for compassionate appointment must be adjudicated under the scheme operative at the time of the cause of action, namely, the death of the employee; subsequent administrative orders altering the scheme cannot have retrospective effect to deny accrued rights. Receipt of family pension or terminal benefits does not bar consideration under the relevant scheme.

Court Disposition

Appeals dismissed

Orders

  • Appellant bank directed to consider the cases of the respondents for compassionate appointment as per the Scheme which was in vogue at the time of death of the concerned employee
  • No order as to costs