MGB GRAMIN BANK versus CHAKRAWARTI SINGH

MGB GRAMIN BANK versus CHAKRAWARTI SINGH

Compassionate appointment is not a vested right. Pending applications at commencement of new scheme must be considered for ex-gratia payment as per the scheme, not for compassionate appointment. Courts cannot direct appointment contrary to scheme provisions.

Parties
Appellant: MGB Gramin Bank; Respondent: Chakrawarti Singh
Jurisdiction
India
Judgment Date
07 August 2013
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed; impugned judgments of the High Court set aside.
Legal Topics
Compassionate Appointment, Ex Gratia Payment, Vested Rights, Scheme Change
Service Law Compassionate Appointment Ex Gratia Payment Vested Rights Scheme Change

Case Brief

Summary, issues, holding and outcome

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Parties

MGB Gramin Bank

Appellant

Chakrawarti Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the respondent is entitled to compassionate appointment under the previous scheme or is to be considered for ex-gratia payment under the new scheme.
  2. 2 Whether compassionate appointment is a vested right.

Ratio Decidendi

Compassionate appointment is not a vested right. Pending applications at commencement of new scheme must be considered for ex-gratia payment as per the scheme, not for compassionate appointment. Courts cannot direct appointment contrary to scheme provisions.

Court Disposition

Appeal allowed; impugned judgments of the High Court set aside.

Orders

  • Respondent may apply for consideration under the new scheme within three months; the appellant shall consider his case accordingly.