VIKRAMJIT SEN - (1.) Since the question that,has arisen in the above entitled cases centres around the controversy of compassionate appointment, both the writ petitions shall be disposed off by this common judgment. All interim applications stand disposed off in conformity with this judgment.
(2.) Article 16 of the Constitution of India assures to all citizens of. India equality of opportunity in the matter of employment or appointment to any office under the State. The Respondent. State Bank of India (hereinafter referred to 'as the SBI') uncontrovertedly falls within the sweep of Article 12, and therefore employment therein tantamounts to 'employment or appointment to any .office under 'the State'. The dilution of the right of equality of opportunity is found in Article 16 itself, but 'compassionate appointment' does not so feature. Every statute or rule or order must meticulously measure with Chapter III of the Constitution and the equality assurances contained and guaranteed therein. The Petitioner's plea for compassionate employment must perforce conform in every respect with Article ,16, In our country where unemployment is rampant, and the securing of a job with the' State similar to manna from heaven, the grant of a job on individual consideration is a deleterious deprivation of the rights of the citizens at large. We witness that with painful regularity a large section of our society is compelled to adopt a nomadic and migratory life, seeking temporary and seasonal employment from place to place. Their children cannot even dream of education. Ill-health and malnutrition is their reality. Can law ignore these wretched of the earth and bestow its attention to a party/family who has already benefited from state employment. Furthermore, legislation has now been passed for payment of compensation in those cases where a person has suffered fatal or other injury, while on duty. These considerations cannot but be kept in mind while deciding the present petition. Hardship, destitution and penury are differently understood within society. St. Francis narrated the case of a person lamenting that he had no shoes, until he found a person who had no feet. when a claim for largesse is put forward, the relativity of poverty should not be ignored.
(3.) The Scheme for compassionate appointment of the dependants of deceased in CWP 422/2000 has been annexed with the Petition, the salient features of which are as follows :- "Financial condition of the family Appointments in the public services are made strictly on the basis of open invitation of applications and merit. However, exceptions are made in favour of dependents of employees dying in harness and leaving their; family in penury and without any means of livelihood. Determining the financial condition of the family is, therefore, an important criterion for determining the eligibility for compassionate appointment. The following factors should be taken , into account for determining the financial condition of the family: a) Family Pension b) Gratuity amount received c) Employee's employer's contribution to Provident Fund. d) any compensation paid by the Bank or its welfare Fund e) Proceeds of LIC policies and other investments of the deceased employee f) Income for family from other sources. g) Income of other family members from employment or otherwise. h) Size of the family and liabilities, if any.";