Court Directs Reconsideration of Petitioner’s Case for Compassionate Appointment within 90 Days
In a significant ruling, the Rajasthan High Court, Jaipur Bench, has quashed the rejection of a compassionate appointment application by the Allahabad Bank, directing it to reconsider the petitioner’s case within 90 days. The judgment was delivered by Mr. Ashok Kumar Jain, J., in the case titled "Vibhorgolash v. Union of India" on February 27, 2026.
The case involved the petitioner, Vibhorgolash, whose father, a manager at the Allahabad Bank, passed away, prompting the family to seek a compassionate appointment as per the bank’s policy. Despite an initial application being filed within the prescribed time frame and supported by the deceased employee's wife, the bank rejected the application citing inordinate delay and the expiry of the family pensioner.
The court held that the rejection was contrary to the settled norms since the initial application was timely and the bank had failed to act in a fair and transparent manner, as expected of a public authority. The court emphasized that while a compassionate appointment is not a right but a solace for the family, public authorities are duty-bound to discharge their duties fairly to advance public policy.
The High Court referenced the Supreme Court judgment in "Jane Kaushik v. Union of India" to underline the constitutional mandate upon public authorities to advance constitutional goals. The Rajasthan High Court found that the bank’s failure to offer a position to the petitioner after a personal interaction, despite his qualifications, amounted to an omission of duty.
In its order, the court quashed the bank’s rejection letter dated July 27, 2020, and directed the bank to reconsider the petitioner’s application for a suitable position, completing the process within 90 days. The court’s intervention was seen as a measure to ensure transparency and fairness in the bank’s handling of compassionate appointment applications.
Bottom Line:
Compassionate appointment - Rejection of application on ground of delay in filing and expiry of family pensioner - Held, rejection contrary to settled norms as initial application was within prescribed time frame and sponsored by wife of deceased employee - Public authority expected to act in fair and transparent manner to advance public policy.
Statutory provision(s): Service Law - Compassionate Appointment
Vibhorgolash v. Union of India, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2873263
