INDIAN BANK & ORS. versus PROMILA & ANR.

INDIAN BANK & ORS. versus PROMILA & ANR.

The Court held that the Scheme of 4.4.1979 (as continued by the 1985 Scheme) governed the claim because it was the scheme in force on the date of the deceased's death; the dependents had availed the full gratuity which, under para 7 of that Scheme, precluded compassionate appointment; respondent No.1's employment and emoluments (and non-disclosure followed by disclosure) further disentitled the family under subsequent Schemes; consequently the High Court's award of Rs.2 lakh ex gratia was set aside and the writ petition dismissed.

Parties
Appellant: INDIAN BANK & ORS.; Respondent: PROMILA; Respondent: Respondent No.2
Jurisdiction
India
Judgment Date
08 January 2020
Procedural Posture
Civil Appeal / Judgment on Appeal to the Supreme Court
Outcome
Appeal allowed
Legal Topics
Compassionate Appointment, Compassionate Employment, Scheme Interpretation, Judicial Review
Service Law Compassionate Appointment Compassionate Employment Scheme Interpretation Judicial Review

Case Brief

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Parties

INDIAN BANK & ORS.

Appellant

PROMILA

Respondent

Respondent No.2

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal to the Supreme Court

Legal Issues

  1. 1 Whether the scheme applicable for determining entitlement to compassionate appointment is the scheme in force on the date of the employee's death
  2. 2 Whether dependents who have taken full gratuity are eligible for compassionate appointment under the applicable scheme
  3. 3 Whether subsequent schemes (2004/2005) can be invoked in preference to the scheme prevailing on date of death

Ratio Decidendi

The Court held that the Scheme of 4.4.1979 (as continued by the 1985 Scheme) governed the claim because it was the scheme in force on the date of the deceased's death; the dependents had availed the full gratuity which, under para 7 of that Scheme, precluded compassionate appointment; respondent No.1's employment and emoluments (and non-disclosure followed by disclosure) further disentitled the family under subsequent Schemes; consequently the High Court's award of Rs.2 lakh ex gratia was set aside and the writ petition dismissed.

Court Disposition

Appeal allowed

Orders

  • Impugned High Court order dated 11.08.2008 set aside
  • Writ petition originally filed by the respondents dismissed