(1.) IN Life Insurance Corporation of India v Mrs. Asha Ramachandra ambekar, the Apex Court was pleased to observe as under.
(2.) KEEPING this salutary principles in view, let me consider the facts in the instant case whether it falls within the scope of the scheme for appointment on compassionate grounds evolved by the respondent-Syndicate Bank.
(3.) THE Human Resources and Development Department (Manpower planning Recruitment and Development Section) has circulated a Circular bearing No. 350/87/bc/hrdd/26/mprds, dated 17-10-1987 to all its branch offices in addition to the earlier circulars dated 11-9-1978, 31-3-1983 and 15-10-1986 on the subject "scheme for Appointment on Compassionate Grounds". The scheme provides for appointment of one of the dependents of the deceased employees and also the dependents of the employees opting to retire voluntarily on medical grounds before attaining the age of 55 years. The circular provides for the procedure to be followed while making appointments on compassionate grounds for the aforesaid two categories of employees. The scheme, apart from others provides for the Bank to offer employment to any one of the dependents of the deceased employee. The expression 'dependent' is defined to mean a son or a widow or a daughter or a brother or a sister of the deceased employee or any other relative nominated by the widow on whom she will be wholly dependent. The Bank is authorised to relax the minimum condition prescribed for recruitment of clerks/subordinate staff. Here also, it is made clear, what could be relaxed is only the age and standard qualification and not the minimum qualification prescribed for the post. The scheme also provides for contingencies like, if the dependent of the deceased employee is a minor and also in cases where the dependent does not possess suitable minimum qualification. I will refer to these clauses in detail a little later.