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Patna High Court

Md. Qaumaru Zama @ Quamru zamaversusThe General Manager, Central Bank of India

Decided
Disposal
DISMISSED

Holding

The court held that the bank's rejection of the petitioner's application was proper as he did not satisfy the age eligibility stipulated in the recruitment policy.

Summary

The petitioner, Md. Qaumaru Zama, sought a writ of certiorari and mandamus directing Central Bank of India to appoint him on compassionate grounds after his father's death, alleging that the bank violated a prior court order by refusing his application. He argued that the bank's recruitment policy allowed relaxation of the upper age limit for compassionate appointments and that, if not appointed, he should receive a lump‑sum ex‑gratia. The bank contended that the policy strictly required applicants for the Sub‑Staff post to be between 18 and 26 years old, and the petitioner, aged 41 at the time of application, was ineligible. The court examined the policy, particularly Clause 5.2, and found no discretion to overlook the age criterion. Consequently, the court concluded that the bank's rejection was lawful and dismissed the petition.

Issues considered

  • Whether the bank's refusal to appoint the petitioner on compassionate grounds violates the order dated 25/08/2023 in CWJC No.15757/2022.
  • Whether the bank's recruitment policy permits relaxation of the upper age limit for compassionate appointments.
  • Whether the petitioner is entitled to a lump‑sum ex‑gratia payment in lieu of appointment.

Subjects

  • compassionate appointment
  • recruitment policy
  • age limit
  • ex‑gratia
  • bank
  • writ of certiorari
  • mandamus

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.3248 of 2024
                 ======================================================
                 Md. Qaumaru Zama @ Quamru Zama S/o Late Abdul Quadir, Resident of
                 Mohalla- New Karimganj, Road No.- 5, P.S. Civil Lines, District- Gaya.

                                                                              ... ... Petitioner/s
                                                       Versus

           1.    The General Manager, Central Bank of India Head Office, Chandra Mukhi
                 Narayan Paint, Mumbai.
           2.    The Regional Manager, Central Bank of India Regional Office, Patna.
           3.    The Branch Manager, Central Bank of India, A.M. College, Branch, Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :      Mr. Praveen Kumar, Advocate
                                                 Ms. Anju Kumari Sinha, Advocate
                 For the Respondents      :      Mr. Siddharth Harsh, Advocate
                                                 Mr. Ajit Kumar Sinha, Advocate
                                                 Ms. Dilkash Khan, Advocate
                                                 Mr. Pravin Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

5   20-04-2026                  Heard learned counsel for the petitioner and learned

                   counsel for the respondent-Central Bank of India.

                                2. The petitioner has filed the instant application for

                   the following reliefs :-

                                                 “i. For issuance of writ in the nature
                                       of certiorari for quashing of letter dated
                                       25/09/2023    appended      with    letter    dated
                                       04/01/2022    and    31/01/2022     (annexure-12)
                                       whereby   and     where   under    compassionate
                                       appointment of petitioner has been denied by
                                       respondent No.02 in violation of order dated
                                       25/08/2023 passed in C.W.J.C No.15757/2022
                                       without considering the direction of this Hon’ble
Patna High Court CWJC No.3248 of 2024(5) dt.20-04-2026
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                            court.
                                         ii. For issuance of writ of Mandamus
                            or any other writ or direction to respondent to
                            appoint the petitioner in class III post of the Bank
                            on compassionate basis since his father died
                            while working in service.
                                         iii. For any other appropriate writ or
                            direction to the respondent for which the
                            petitioner is otherwise entitled under law.”

                      3. The case of the petitioner in brief is that the father

          of the petitioner who was working as a Daftery in the Central

          Bank of India died in harness on 2.2.2016. The petitioner filed

          an    application      on    30.6.2018         for   his   appointment   on

          compassionate ground.

                      4. The application of the petitioner having been

          rejected by order dated 25.9.2023 (Annexure-12) on the ground

          that the petitioner aged 44 years did not fulfill the eligibility

          criteria as per the recruitment policy, the instant application has

          been filed by the petitioner challenging the said order as also

          praying for a direction to the respondent-Bank to appoint him on

          compassionate ground.

                      5. It is submitted by learned counsel for the petitioner

          that the step-mother of the petitioner had moved this Court in

          CWJC no.9505 of 2016 wherein the matter ended in a

          compromise between the family members. The petitioner also
Patna High Court CWJC No.3248 of 2024(5) dt.20-04-2026
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          moved this Court in CWJC no.15757 of 2022 which was

          disposed of by order dated 25.8.2023 with a direction to the

          respondents to take a decision within the time fixed in the order.

          Referring to the ‘Policy for Appointment on Compassionate

          Grounds or Payment of Lumpsum Ex-Gratia Amount On Death

          in Harness of an Employee’ brought on record as Annexure-R/1

          to the counter affidavit of the Bank, learned counsel for the

          petitioner submits that the Policy clearly stipulates that the

          upper age limit can be relaxed whenever found to be necessary.

          It is further submitted that in case the petitioner is not entitled

          for compassionate appointment, at least the lumpsum ex-gratia

          amount be directed to be paid by the Bank to the petitioner.

                      6. The application is opposed by learned counsel

          appearing for the Bank. It is submitted that perusal of the Policy

          would show that the appointment on compassionate ground as

          also the payment of lumpsum ex-gratia amount on death in

          harness of an employee are interlinked and any of the two

          options can be used only when the other conditions of

          compassionate appointment are complied with. Clause 5 of the

          Policy which deals with eligibility talks about the applicant

          being eligible and suitable for post in all respects under the

          provisions of the relevant recruitment rules and the recruitment
Patna High Court CWJC No.3248 of 2024(5) dt.20-04-2026
                                             4/5




          policy provides that the age of the applicant for appointment on

          the post of Sub-Staff and Safai Karamchari should be between

          18 and 26 years. The petitioner being much overage, his

          application was rightly rejected by the order impugned.

                      7. Having heard learned counsel for the parties and

          having perused the material on record, it transpires that on the

          death of his father on 2.2.2016, the petitioner filed his

          application for appointment on compassionate ground on

          30.6.2018. The date of birth of the petitioner being 1.3.1977, the

          petitioner was over 41 years of age on the date of his

          application. Perusal of the Policy for Appointment on

          Compassionate Grounds or Payment of Lumpsum Ex-Gratia

          Amount would show that the same mentions about eligibility in

          Clause 5. Clause 5.2 thereof is reproduced herein below for

          ready reference :-

                                         “5.2 Applicant for compassionate
                             appointment should be eligible and suitable for
                             the post in all respects under the provisions to
                             the    relevant       Recruitment    Rules.   Similarly,
                             payment of lumpsum ex-gratia amount can be
                             used     only         when   other     conditions    of
                             compassionate appointment are fulfilled.”

                      8. So far as the recruitment policy of the Bank is

          concerned, a copy of which has been provided by learned
            Patna High Court CWJC No.3248 of 2024(5) dt.20-04-2026
                                                        5/5




                      counsel for the Bank and has been taken on record, Chapter IV

                      Clause 4 thereof deals with eligibility criteria and age

                      stipulation and the age stipulated for the post of Sub-Staff for

                      appointment on which post the petitioner has filed his

                      application requires the age of the applicant to be between 18

                      and 26 years.

                                  9. There being no dispute with respect to the fact that

                      on the date of application the petitioner was over 41 years in age

                      and as such he did not fulfill the age stipulation as per the

                      recruitment policy as required under Clause 5.2 of the Policy for

                      Appointment on Compassionate Grounds or Payment of

                      Lumpsum Ex-Gratia Amount.

                                  10. In view of the facts and circumstances of the case,

                      the Court finds no error in the order of the respondent-Bank in

                      rejecting the application of the petitioner.

                                  11. The application is dismissed.



                                                   (Partha Sarthy, J)
avinash/-

U


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