HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 704 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE SIDDHARTH NANDAN, J. 1. The present intra-court appeal is directed against the following order passed by the learned Single dated 23.07.2025 in the writ petition filed by the petitioner-appellant claiming compassionate appointment: "Heard Sri Chaudhary Subhash Kumar, learned counsel for the petitioner and Sri Satish Chaturvedi on behalf of respondents. List on 20.8.2025 at 12 P.M. On the next date fixed, petitioner will carry a draft of Rs.9 lakhs in name of Registrar, High Court, Allahabad to show his bonafides that he is ready to return ex-gratia amount with interest so that he may be considered for compassionate appointment. According to counsel for respondents there are legal impediments for consideration since petitioner has earlier lost upto Division Bench of this Court for similar relief. Meanwhile, pleadings shall be exchanged." 2. The case of the appellant is that the condition imposed by learned Single Judge for submission of draft of Rs. 9 lakhs in name of Registrar, High Court, Allahabad to prove the bonafides of the appellant that he is ready to return ex-gratia amount with interest so that his application for compassionate appointment is considered is an onerous condition. He submits that under the scheme, the compassionate appointment is granted subject to the condition of return of ex-gratia amount. The appellant, in order to show his bonafides has submitted an undertaking by way of an affidavit that in case the bank accepts his prayer for compassionate appointment under the revised scheme, he would refund the ex-gratia amount received by him forthwith. 3. Shri Pankaj Srivastava, learned counsel appearing for the respondent- Versus Counsel for Appellant(s) : Chaudhary Subhash Kumar Counsel for Respondent(s) : Satish Chaturvedi Mahesh Batham .....Appellant(s) Chief General Manager State Bank Of India And 3 Others .....Respondent(s) Bank submits that the revised scheme on which reliance has been placed would not apply to the facts of the instant case. 4. As learned Single Judge has yet not examined the claim of the petitioner for compassionate appointment on merits, therefore, we refrain from entering into the said question at this stage. We only examine the challenge to the extent condition has been imposed for deposit of draft of Rs. 9 lakhs. 5. Under the scheme on which reliance is being placed, the relevant provision is as follows: "The Revised Scheme will be effective from 24th February 2021. It will also cover death due to COVID with retrospective effect from 24.03.2020. During this period dependents of employees who had adopted for and received ex-gratia lumpsum amount, can apply for compassionate appointment. They will however have to refund the entire amount received as ex-gratia, if they apply for compassionate appointment." 6. If at all the claim of the petitioner for compassionate appointment is accepted, he shall have to refund the entire amount received as ex-gratia. The petitioner has already given undertaking to the said effect by means of an affidavit, which in our opinion, is sufficient to establish the bonafides of the petitioner-appellant and, therefore, we feel that the said undertaking should be accepted and the writ petition is decided on merits. 7. We dispose of the instant appeal accordingly. 8. The order passed by the learned Single Judge would stand modified to the aforesaid extent. October 15, 2025 Sumit K. SPLA No. 704 of 2025 2 (Siddharth Nandan,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad