SURESH KUMAR Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 21st May, 2007 passed by a learned Single Judge of this Court, whereby he dismissed the writ petition of the petitioner (appellant herein) praying that he be granted compassionate appointment under the Scheme framed by the State Bank of India (hereinafter referred to as the Bank). We need not go into the entire factual matrix of the case in view of the fact that now the law has been well settled by the Supreme Court that in cases relating to the State Bank of India no direction can be issued to consider the case of the kin for grant of compassionate appointment.

(2.) IT is not disputed that the earlier Schemes whether of the year 2000 or of 2002 were replaced by a new scheme and as per this new Scheme which came into force w.e.f 31st January, 2006, compassionate appointment is not permissible. All the Schemes came up for consideration before the Apex Court in State bank of India and another vs. Raj Kumar : (2010) 11 SCC 661. One of the questions raised before the Apex Court was whether new scheme could take away the rights of the persons which accrued in their favour prior to the enforcement of the new scheme. The Apex Court held that appointment on compassionate ground is not a source of recruitment and does not vest any right in the kin of the deceased employee to claim employment as a matter of right and at best it is a concession, to be considered for appointment.

(3.) IN view of the law laid down by the Apex Court, the appellant obviously cannot be granted compassionate appointment. However, his claim for grant of monetary benefits must be considered in accordance with the new Scheme. The judgment of the learned Single Judge is set -aside with the following directions: