VILAS Vs. ASSISTANT REGISTRAR

JUDGEMENT

(1.) Heard.

(2.) The mother of the petitioner was employed with the respondent No.2 - Co-operative Bank. She was to superannuate on 31/5/2022. However, while in service she was diagnosed with the cancer and hence on 22/12/2020 she moved an application seeking to resign from her job on the post of peon. In the said application she categorically stated that she was suffering for the last six to seven months and also operated but she was not in a position to discharge her duties. The resignation of the petitioner's mother came to be accepted on 11/1/2021. The petitioner sought appointment on compassionate basis pursuant to his mother ceasing to be in service. The said application was not favourably considered by the Bank on the ground that the petitioner's mother had resigned from service and hence was not eligible for compassionate appointment.

(3.) The learned counsel for the petitioner submits that undisputedly the petitioner's mother was suffering from cancer. She was issued certificate dtd. 10/2/2021 by the Cancer Care Centre, Nagpur certifying that the only reason for tendering the resignation was that the petitioner's mother was unable to discharge her duties on account of such ailment. After submitting the application dtd. 22/12/2020 the Bank ought to have forwarded her case to the Medical Board for her medical examination. By failing to do so the petitioner cannot be deprived of the benefit of compassionate appointment. Placing reliance on the decision in Sheroo Shapurji Vs. Bank of India, Mumbai (2018(1) Mh.L.J. 586) it is submitted that the resignation of the petitioner's mother ought to be treated as voluntary retirement from service and benefit of compassionate appointment ought to be extended to the petitioner.