- (1.) This is the case of a son seeking compassionate appointment on the death of his father on 7th January, 2003. He was working with the respondent bank. The application was made by the son for such compassionate appointment on 31st January, 2003. At that point of time, the scheme for appointment of a deceased employee on compassionate ground dated 1st October, 1982 was in force. The scheme was, inter alia, to the following effect:- "The Bank may, at its discretion, appoint in the bank, in any of the posts mentioned hereunder, the widow or a son, or daughter of a deceased employee of the Bank or a near relative nominated by the widow on whom she will be wholly dependent and who would give in writing that he or she would look after the family of the deceased employee, if the widow or sons or daughter or a near relative, as the case may be, fulfils the criteria for appointment under the Scheme where the deceased employee was widower or a bachelor, the Bank may exercise its discretion in this regard, by making enquiries of the next elder in the family. The appointment under this scheme shall be made in clerical and sub-ordinate cadres which is as under:- 1. Junior Clerk-cum-Cashier 2. Junior Clerk-cum-Typist, 3. Steno : Junior Grade, 4. Driver, 5. Swweeper/Messenger."
(2.) A request for such appointment had to be made within one year from the date of death. There is absolutely no dispute that the appellant's father expired and an application was duly made by him within three weeks or so.
(3.) Mr. Bhattacharya, learned senior advocate appearing for the bank has very boldly opposed any order to be passed in this application. He said that the 1982 scheme was not placed before the court below by the appellant. There was no policy or scheme for compassionate appointment. The power to appoint on compassionate ground was discretionary. More importantly he said that the proposal to grant the appellant's compassionate appointment was placed before the board, which turned it down on the ground that his father was a charge sheeted employee and was under suspension at the time of his death.;