Neutral Citation No. - 2025:AHC:35845 Court No. - 5 Case :- WRIT - A No. - 13741 of 2023 Petitioner :- Atul Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramanuj Yadav Counsel for Respondent :- C.S.C.,Gyan Prakash Shrivastava Hon'ble Ajay Bhanot,J. Heard Shri Ramanuj Yadav, learned counsel for the petitioner, learned Standing Counsel for the State- respondent No. 1 and Shri Gyan Prakash Shrivastava, learned counsel for the respondents No. 2 and 3. The Bank has declined the application of the petitioner for grant of appointment on compassionate grounds on the following footing:- "The family member of Late Ashok Kumar comprises of -04- members i.e. spouse, 2 sons and 1 daughter. Among 2 sons 1 son is employed as Revenue Inspector having earning of Rs 35,000/- p.m. approx. and daughter is employed as Assistant Teacher in Department of Basic Education having monthly income of Rs 50,000/- approx. Since in the family there are 2 earning members and widow is also receiving monthly pension, the family may not be held indigent, hence, application for compassionate appointment may not be accepted." It has asserted that the brother and sister of the petitioner who are earning reside separately. This fact has not been refuted in the counter affidavit. The impugned order has been passed on irrelevant considerations and has neglected to examine relevant factors. The petitioner has categorically asserted that he lives with his mother. The mother of the petitioner who is the widow of the deceased employee is getting family pension and also received various other pecuniary benefits/terminal benefits of the deceased employee. The only relevant consideration remains for the Bank is to consider the financial status of the widow and to determine whether the family is facing financial destitution despite the aforesaid sources of income in accordance with the Rules of the Bank governing compassionate appointment. In this wake, the impugned order dated 27.04.2023 passed by the respondent No. 3 is set aside. The matter is remitted to the respondent no. 3 for fresh consideration preferably within a period of four months as per law from the date of receipt of a certified copy of this order. The writ petition is allowed. Order Date :- 11.3.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad