Patna High Court
Praveen Kumar GondversusThe Zonal Manager, Bank of Baroda,
- Decided
- Disposal
- DISMISSED
- Bench
- RITESH KUMAR
Holding
The petitioner is not eligible for compassionate appointment as he exceeds the age limit prescribed in the bank's circular, and the writ petition is dismissed.
Summary
The petitioner, Praveen Kumar Gond, applied for a compassionate appointment in Bank of Baroda after his father's death, claiming he met all eligibility criteria. The bank rejected his application on the ground that he was not a dependent and that he exceeded the age limit prescribed in its circular dated 11.02.2022. The petitioner contended that he satisfied the qualifications and sought a writ to compel his appointment. The bank relied on Clause 5.2 of the circular, which sets a maximum age of 28 for clerical posts (33 with SC/ST relaxation) and 26 for sub‑staff (31 with SC/ST relaxation), noting the petitioner was 35 at the time of application. The court examined the circular and the petitioner’s age, finding that he indeed exceeded the permissible age and that the bank’s rejection was in accordance with its own policy. Consequently, the writ petition was dismissed for lack of merit.
Issues considered
- Whether the petitioner is eligible for compassionate appointment under the bank's circular despite being over the stipulated age limit.
- Whether the rejection of the petitioner's application on the ground of non‑dependency is legally valid.
- Whether the bank's circular dated 11.02.2022 is a valid basis for denying the compassionate appointment.
Subjects
- compassionate appointment
- age limit
- Bank of Baroda
- civil writ jurisdiction
- dependency
- recruitment circular
- ex‑gratia relief
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17725 of 2023
======================================================
Praveen Kumar Gond S/o Late Lal Mohan Ram Village-Balthua, Post-Noor
Sarai, PS-Sasaram, District-Rohtas, Bihar.
... ... Petitioner/s
Versus
1. The Zonal Manager, Bank of Baroda, Boring Canal Road, Patna Branch
2. The Regional Manager, Bank of Baroda
3. The Chief Manager, Bank of Baroda, Sasaram Branch
4. The Regional Head, Bank of Baroda, Gaya Region
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajendra Nath Sinha, Advocate
For the Respondent/s : Mr. Sanjeev Shankar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL JUDGMENT
Date : 13-02-2026
Heard the present.
2. The present writ petition has been filed for
quashing the letter dated 11.10.2022 passed by the Chief
Manager, Sasaram Branch by which the application for
appointment on compassionate ground, filed by the petitioner
has been rejected on the sole ground that he is not dependent
upon the deceased. Further prayer in the writ petition is for
commanding the respondent nos. 1, 2 & 4 to appoint the
petitioner on compassionate ground as he fulfills all the criteria
to be appointed.
3. The learned counsel for the petitioner submits that
Patna High Court CWJC No.17725 of 2023 dt.13-02-2026
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the late father of the petitioner Lal Mohan Ram was working in
Bank of Baroda and died in harness on 05.11.2021. The
petitioner submitted his application for appointment on
compassionate ground and the same was forwarded on
19.01.2022 by the competent authority.
4. The learned counsel for the petitioner further
submits that the petitioner having requisite qualification, fulfills
all the criteria for being appointed on compassionate ground, but
even then the case of the petitioner has been rejected on the
ground that he is not dependent on his father.
5. The learned counsel for the Bank places on record
circular issued by the bank on 11.02.2022 whereby the bank has
revised the scheme for compassionate appointment or payment
of Ex-gratia financial relief to dependents of the deceased
employee on compassionate ground. The learned counsel for the
Bank refers to Clause 5.2 of the above-mentioned circular
wherein it has been categorically notified that the “Applicant for
compassionate appointment should be eligible and suitable for
to the post in all respects under the provisions of the relevant
Recruitment Rules which are as under at present;
(a) Applicant should be an Indian Citizen.
(b) Age
Patna High Court CWJC No.17725 of 2023 dt.13-02-2026
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Cadre Minimum Age Maximum Age
Clerical 20 28
Sub-Staff 18 26
Note:
• The age limit (minimum and maximum) will be as per the
rules applicable from time to time to direct recruitment.
• In case of dependents belonging to Scheduled Castes/
Tribes/ OBCS/Widow, the concession as per government
guidelines for Scheduled Castes/ Tribes/OBCS/Widow for
upper age limit will continue to apply, which is at present
as under:”
Category Age relaxation Upper age limit for
Widow
SC/ST 5 years Upto 40 years
OBC 3 years Upto 38 years
General NA Upto 35 years
6. From a plain reading of the above-mentioned
circular it would transpire that the maximum age prescribed for
appointment on clerical cadre is 28 years of age, whereas for
sub-Staff it has been fixed as 26 years and 5 years of relaxation
has been given in case of candidates belonging to SC/ST
Category and 3 years in case of candidate belonging to OBC
category. The upper age limit for the widow of the deceased
employee has also been fixed in the said circular. Relying on the
Patna High Court CWJC No.17725 of 2023 dt.13-02-2026
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said circular, the learned counsel for the Bank submits that the
application of the petitioner has been rejected by the competent
authority since the petitioner who belongs to Scheduled Tribes
category is eligible for relaxation of 5 years of age i.e. till the
age of 33 years, but the petitioner was found to be 35 years of
age on the date of application, therefore his application has
been rejected.
7. The learned counsel for the Bank further submits
that the bank has also asked the petitioner to submit the details
of the dependent of the deceased employee, so that if any of the
dependents are below 33 years of age then their application for
grant of compassionate appointment can be considered, in
accordance with the circular dated 11.02.2022, but the same has
not been provided by the petitioner. Based on the said ground,
the application of the petitioner has been rejected on 11.10.2022
by the competent authority.
8. Having heard the learned counsel for the parties
and after going through the records and the circular handed over
during course of argument, I find that admittedly the petitioner
has crossed the age of 35 years on the date of application and as
per the circular he is not entitled to be considered for
compassionate appointment.
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9. I find no merit in the writ petition and the same
is accordingly dismissed.
(Ritesh Kumar, J)
AjayMishra/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.02.2026
Transmission Date NA
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