SHRIKANT YADAV v. GENERAL MANAGER PRATHMA UP GRAMIN BANK MORADABAD AND ANOTHER
WRIA/2954/2025 · 2025-03-06
Ajay Bhanot
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25931 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25931 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:33326 Court No. - 5 Case :- WRIT - A No. - 2954 of 2025 Petitioner :- Shrikant Yadav Respondent :- General Manager Prathma Up Gramin Bank Moradabad And Another Counsel for Petitioner :- Anuj Kumar Gupta,Santosh Kumar Srivastava Counsel for Respondent :- Sachin Mishra Hon'ble Ajay Bhanot,J. Shri Anuj Kumar Gupta, learned counsel appears for the petitioner. Shri Sachin Mishra, learned counsel appears for the respondents. The father of the petitioner died in the year 2006. An application was made on behalf of the elder brother of the petitioner for grant of appointment on compassionate ground which was rejected by the respondent No.1-General Manager, Prathma U.P. Gramin Bank, Moradabad by order dated 05.02.2008. The respondent-Bank did not have any policy of grant of appointment on compassionate ground at the time of the death of the employee. The aforesaid policy was introduced for the first time in the year 2019. The petitioner who is the second son of the deceased- employee moved an application for grant of appointment on compassionate ground on 07.02.2024. By the impugned order dated 12.08.2024, the application of the petitioner has been rejected by the respondent No.2-Assistant General Manager, Prathma U.P. Gramin Bank, Moradabad. The impugned order records that the petitioner is not eligible for appointment on compassionate ground under the policy of the bank. The application of the petitioner was declined on the same grounds on which his brother was non suited. The aforesaid finding cannot be faulted in view of the preceding discussion. Moreover, the petitioner has made an application for grant of appointment on compassionate ground almost 18 years after the death of the deceased-employee. Long delay in filing application for grant of appointment on compassionate ground gives rise to an inference that the financial crisis faced by the family at the time of death of the deceased-employee has ceased to exist. (See: Para 25 Ashish Yadav Vs. Managing Director, UP State Road Transport Corporation and others rendered in Writ A No. 17483 of 2024). Appointment on compassionate grounds is neither a regular source of recruitment nor does it confer a right to employment on the family member of the deceased. The delay and laches on part of the petitioner in approaching this Court has not been satisfactorily explained. The writ petition is liable to be dismissed on grounds of delay and laches as well.
The writ petition is accordingly dismissed. Order Date :- 7.3.2025 Ashish Tripathi Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad