HC: Can’t deny job on compassionate grounds citing family is not poor

MUMBAI: An eligible person cannot be denied employment on compassionate grounds only because his family is not impoverished, the Aurangabad bench of the Bombay high court (HC) said recently and directed the Central Bank of India to consider the case of an Ahmednagar resident whose plea was rejected by the financial institution.

The bench of justice Ravindra Ghuge and justice SG Mehare said, “We have not come across any such example when the compassionate appointment is refused to an eligible member only on the grounds that the family has funds to survive, and therefore, would not need a source of income.” The bench allowed the petition filed by the resident, Nitin Arawade.

Arawade’s father Yohan was employed with the public sector bank. After 34 years of service, Yohan had to take voluntary retirement in June 2015 as the medical board of the bank found him incapacitated on account of a medical condition. Thereafter, Arawade applied to the bank for appointment on compassionate grounds, but on March 31, 2018, his plea was rejected only on the grounds that his family was not indigent. Nitin then moved HC.

The bank responded to his petition, contending that the former employee’s family had received gratuity amount, provident fund accumulations as well as pension and did not need financial support. HC, however, refused to accept the bank’s contention. It said gratuity, provident fund and pension are legal rights of an employee or his family, if the earner has either died or has been medically incapacitated leading to his retirement. “Whether, the family is indigent or not cannot be the basis for refusing compassionate appointment to an eligible candidate,” the bench said.

HC directed the bank to consider Arawade’s claim for appointment on compassionate grounds on the basis of his seniority in the list of candidates.