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CASE TITLE: Avnish Tandon vs. Assistant General Manager [Writ A No. 10831 of 2023]

DECIDED ON: 12.07.2023

CORAM: Hon’ble J.J. Munir,J.

PETITIONER: – Avnish Tandon

RESPONDENT: – Assistant General Manager

COUNSEL FOR PETITIONER: – Sharad Tandon

COUNSEL FOR RESPONDENT: – Anadi Krishna Narayana

INTRODUCTION

The Allahabad High Court ruled that compassionate appointment is intended to alleviate the immediate hardships faced by a family following the untimely demise of the earning member. However, such an appointment cannot be granted after a period of 26 years has passed since the employee’s death.

FACTS:

The Petitioner’s mother served as a Cashier-cum-Clerk in the former Bareilly Corporation Bank (BCB) and passed away while still in service on November 12, 1996, leaving behind a minor son and daughter. The Petitioner, after completing graduation in 2007, applied for compassionate appointment in Bank of Baroda (BOB) following the merger of the two entities in 1999. In 2022, the Petitioner filed a petition seeking a writ of mandamus to compel the Bank to consider their claim.

The Court directed BOB to review the claim but emphasized that the application was significantly delayed, and the directions were given solely because BOB had invited the Petitioner to apply. After the Bank rejected the Petitioner’s application, the current petition was filed.

CASE ANALYSIS AND DECISION:

The High Court ruled that despite the petitioner having been asserting his claim since 2007, he failed to take any action to enforce his rights. Due to the substantial delay of fifteen years in approaching the Court (from 2007 to 2022 when the initial approach was made), the Court could not grant any relief.

Upon dismissing the writ petition, the Court noted that any financial hardships that might have arisen due to the death of the petitioner’s mother no longer exist at this point.

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Written by- Mansi Malpani