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2025 DAILYLAW 9129 (ALL)

MOHAMMAD RIHAN v. CANARA BANK THROUGH ITS CHAIRMAN /CHIEF EXECUTIVE OFFICER AND 2 OTHERS

WRIA/605/2025 · 2025-03-02

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29609 Court No. - 5 Case :- WRIT - A No. - 605 of 2025 Petitioner :- Mohammad Rihan Respondent :- Canara Bank Through Its Chairman /Chief Executive Officer And 2 Others Counsel for Petitioner :- Brij Raj Singh,Rakesh Kumar Mishra Counsel for Respondent :- Krishna Mohan Asthana Hon'ble Ajay Bhanot,J. Heard Sri Brij Raj Singh and Sri Rakesh Kumar Mishra assisted by Sri Piyush Chauhan, learned counsel for the petitioner and Sri Krishna Mohan Astana, learned counsel for the respondents. The claim of the petitioner for appointment on compassionate ground has been declined by the impugned order dated 15.9.2024 on the footing that the financial condition of the dependant family is satisfactory. The aforesaid order does not discuss the financial condition or the minimum benchmark of financial penury as provided in the Service Rules. In the wake of the proceedings discussion, the impugned order is vitiated on account of non-application of mind. The impugned order dated 15.9.2024 is liable to be set aside and is set aside. The matter is remitted to respondent no.2 with the following directions: 1. The respondent no.2 shall decide the claim of the petitioner for appointment on compassionate ground afresh after discussing the relevant provisions relating to financial condition and the existing financial condition of the family of the deceased. 2. The petitioners are directed to cooperate in the aforesaid proceedings and truthfully submit all the relevant documents pertaining to their financial condition. 3. The controversy shall be decided within a period of three months from the date of receipt of certified copy of the order. With the aforesaid directions, the petition is disposed of. Order Date :- 3.3.2025 Mohini Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad