PRADEEP KUMAR NIRMAL Vs. UNION OF INDIA AND 5 OTHERS
LAWS(ALL)-2017-2-105
HIGH COURT OF ALLAHABAD
Decided on February 15,2017

Pradeep Kumar Nirmal Appellant
VERSUS
Union Of India And 5 Others Respondents

JUDGEMENT

Abhinava Upadhya, J. - (1.) By means of this writ petition, the petitioner has come to this Court seeking compassionate appointment on account of violent death of his father on 16.5.2015 while working in the Bank. The cause of death was gun shot injury by the Guard of the Bank.
(2.) The petitioner applied for compassionate appointment, which has now been rejected on the ground that the petitioner is over age. The petitioner was 28 years of age. Even after grant of age relaxation, the petitioner is still over age. The petitioner's age is 36 years, 9 months and odd. In the policy for compassionate appointment under which the petitioner is claiming appointment the age limit would be as prescribed in the recruitment policy. The Chief General Manager is the Higher Authority of the Bank and while rejecting the claim of the petitioner has held that the age limit for engagement with the bank according to recruitment policy is 28 years and with relaxation to reserved category 5 years' relaxation is provided, which means 33 years. At the moment, the petitioner is over age by more than 3 years and therefore, his claim has been rejected.
(3.) That being the case, the petitioner has not been found eligible under the said scheme, no relief can be granted. The petitioner's claim for ex gratia payment can be considered by the bank in accordance with law.;


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