Supreme Court of India
GENERAL MANAGER, STATE BANK OF INDIA & ORS.versusANJU JAIN
- Citation
- 2008 INSC 970
- Decided
- 25 August 2008
- Disposal
- Appeal(s) allowed
- Bench
- C K THAKKER
Holding
The bank was justified in refusing the compassionate appointment because the deceased employee’s proven misconduct disqualified his dependent, and such appointments are discretionary, not a vested right.
Summary
The widow of a State Bank of India employee applied for a compassionate appointment after her husband, who had been found guilty of gross misconduct and punished, died in service. The bank rejected her claim, citing a clause in its compassionate appointment scheme that excludes dependents of employees with blemished service records. The High Court had allowed the widow's petition, directing the bank to appoint her, but the bank appealed. The Supreme Court held that the bank was correct in denying the appointment because the deceased's proven misconduct was a relevant factor, and compassionate appointments are not a legal right but a discretionary concession subject to eligibility criteria. Accordingly, the Court set aside the High Court orders and dismissed the petition, affirming that a writ of mandamus can only compel consideration, not compel appointment.
Issues considered
- Whether a dependent of a deceased employee is entitled to a compassionate appointment when the deceased employee had been punished for misconduct.
- Whether the bank's compassionate appointment policy validly excludes dependents of employees with a blemished service record.
- Whether a writ of mandamus can be issued directing the employer to appoint the dependent, or merely to consider the application.
- Whether denial of compassionate appointment violates Article 14 of the Constitution or principles of natural justice.
Subjects
compassionate appointmentdisciplinary misconductArticle 14equality clausewrit of mandamusservice lawemploymentdependent eligibilitybank policy
Judgment
[2008] 12 S.C.R. 576
A GENERAL. MANAGER, '4'
STATE BANK OF INDIA & ORS.
v.
ANJU JAIN
(Civil Appeal No. 5224 of 2008)
B AUGUST 25, 2008
rc~K. THAKKER AND D.K. JAIN, JJ.] x'
Service Law - Appointment on compassionate ground
c - Denial of - On the ground that the deceased employee, ~
during his service tenure, was punished for misconduct -
Held: Appointment rightly denied - Dependants of the
deceased employee cannot claim right to such appointment,
if the employee, during his career was punished for illegalities
and misconduct committed - Such appointment is not a
D
right - It is an- exception to the general rule of equality - I
').-
Even under the policy for compassionate appointment in
force at the relevant time claim was rightly declined -
Constitution of India, 1950 - Article 14.
E Writ - Writ of mandamus - · Issuance - Scope of -
Held: Writ of mandamus can be issued only directing to
tonsider the case for appointment/promotion - But no
direction can be given to appoint/promote.
Husband of the responde_nt was working with the
F appellant-Bank. Disciplinary proceedings were initiated
against him and the charges leveled against him were -r- ... '
proved and he was consequently punished. Thereafter,
while in employment, he died. Respondent applied under
policy of giving employment on compassionate ground
G to the dependents of a deceased employee. Competent
authority denied such appointment in view of the
punishment imposed on the deceased employee. ..
~
Representation against the same was also rejected.
Respondent filed a writ petition. Single Judge of High
H 576
GENERAL MANAGER, STATE BANK OF INDIA 577
& ORS. v. ANJU JAIN
~ Court allowed the petition holding that the widow of the A
deceased employee was entitled to the benefit of
compassionate appointment and such right could not
have been taken away on the ground of misconduct on
the part of her deceased husband. Single Judge issued
direction to appoint the respondent. Division Bench of B
I High Court confirmed the order. Hence the present
)(
appeal.
Allowing the appeal, the Court
HELD: 1.1 Single Judge as well as the Division c
Bench were not right in observing that since the
deceased employee was punished, the matter ended
there and the said punishment would be of no
consequence so far as appointment of his dependent
on compassionate ground of the deceased employee
D
was concerned. [Para 36) [589-H, 590-A]
-.-(
1.2 If disciplinary proceedings have been initiated
__., against an employee and the charges leveled against
such employee are proved and he is punished, it is
indeed a relevant consideration for not extending the E
benefit to dependent of such employee on the ground
that he was punished. It cannot be said that it is a case
of double jeopardy or a dual ·punishment. Compassionate
appointment is really a concession in favour of
dependents of deceased employee. If during his career, F
-----,..--~ he had committed illegalities and the misconduct is
proved and he is punished, obviously his dependents
cannot claim right to the employment. High Court was
wrong in observing that such an action would be violative
of principles of natural justice.[Para 30) [588-C-E]
G
. -4 1.3 Appointment on compassionate ground is never
considered a right of a person. In fact, such appointment
is violative of rule of equality enshrined and guaranteed
under Article 14 of the Constitution. As per settled law,
when any appointment is to be made in Government or H
578 SUPREME COURT REPORTS (2008] _12 S.C.R.
~
A semi~Government or in public office, cases of all eligible
candidates must be considered alike. That is the mandate
of Article 14. Normally, therefore, State or its instrumentality
making any appointment to public office, cannot ignore
such mandate. At the same time, however, in certain
B circumstances, appointment on compassionate ground
I
of dependents of deceased employee is considered y
inevitable so that the family of the deceased employee
may not starve. The primary object of such scheme is to
save the bereaved family from sudden financial crisis
c occurring due to death of sole bread earner. It is thus an
exception to the general rule of equality and not another
independent and parallel source of employment. [Para
29] [587-F-H, 588-A B]
1.4 Even under the policy in force at the relevant
D time, the appellant Bank was wholly right and fully
justified in declining the prayer of the widow of deceased )..-
employee in rejecting her prayer for extending benefit
of appointment on compassionate ground. Certain new
provisions were added in the scheme for compassionate
E appointments. A clause relating to exclusions' was
inserted in para 5 dealing with eligibility. Clause (f) relating
to mi~conduct of an employee who died in harness or
retired on health ground was added. Bare reading of
the clause makes it abundantly clear that the dependent
F of an employee who had died or retired on medical
ground but whose service record was blemished on t--.:
account of disciplinary action having been taken against
him will not be considered eligible for compassionate
appointment in the Bank. [Paras 42, 23 and 24] [592 B,
585-0,F,G]
G
2. A writ of mandamus can be issued directing the \. .
'
authority to consider the case of the petitioner for an
appointment or promotion as the case may be but no
direction can be given to appoint or promote a person.
H [Para 37] [590-C]
GENERAL MANAGER, STATE BANK OF INDIA 579
&ORS. v. ANJU JAIN
~ State of Mysore & Anr. v. Syed Mahmood & Ors. (1968) A
3 SCR 363 - relied on.
State of Bihar v. Dr. Braj Kumar Mishra & Ors. (1999)
9 sec 546 - distinguished.
Suman Lata Yadav v. Union of India & Anr. (2004) 113 B
k DelLT 152 - approved.
Case Law Reference
(2004) 113 DelLT 152 Approved Para 32
(1968) 3 SCR 363 Relied on Para 38 c
(1999) s sec 546 Distinguished Para 40
CIVIL APPELLATE JURISDICTION : Civil Appeal No.
5224 of 2008
From the final Judgment and Order dated 25.04.2007 of D
~ the High Court of Judicature at Allahabad in Special Appeal
No. 390 of 2006
U.U. Lalit, Sanjay Kapur, Shubhra Kapur, Rajiv Kapur
and Arti Singh for the Appellants.
E
V.N. Ganpule, Naresh Kumar Gaur and Ashok Kumar
Singh for the Respondent.
The Judgment of the Court was delivered by'
C.K. THAKKER, J. 1. Leave granted. F
2. The present appeal is filed by the General Manager,
State Bank of India ('the State Bank' for short) and others
against judgment and order passed by a Single Judge of the
High Court of Judicature at Allahabad on March 2, 2006 in
C.M.W.P. No. 45006 of 2001 and confirmed by the Division G
Bench of the said Court on April 25, 2007 in Special Appeal
No. 390 of 2006. By the said order, the High Court allowed
the petition filed by Smt. Anju Jain, writ-petitioner (respondent
herein) and directed the State Bank to provide her appointment
on compassionate ground on the death. of her husband. H
580 SUPREME COURT REPORTS [2008] 12 S.C.R.
A 3. Shortly stated the facts of the case are that Mr. Jain, ~
husband of the respondent-writ petitioner was working as
Assi.stant with the State Bank at Karhall Branch, Agra in the
State of U.P. In September, 1995, he was placed under
suspension and charge-sheeted for having committed gross
B misconduct of embezzlement/ misappropriation. Departmental
inquiry was instituted against him wherein he was found guilty ;
y:
In 1996, on the basis of findings recorded by the Inquiry Officer
and accepted by the Disciplinary Authority, major punishment
was imposed on him by which his basic pay was ,reduced by
c two stages and five annual future increments were also stopped
with cumulative effect. Husband of the writ-petitioner, however,
died on January 25, 2000 while in service in the State Bank.
4. The State Bank had framed a scheme for appointment
on compassionate grounds for dependents of deceased
0 employees/employees retired on medical grounds with effect
from January 01, 1979. It was modified from time to time. At "r
the relevant time, when the husband of the writ-petitioner died
(January 25, 2000), the policy as amended with effect from
January 01, 1998 was in force.
E 5. In accordance with the policy of giving employment on
compassionate ground to· dependents of a deceased
employee, the writ-petitioner, as the widow of the deceased
applied to the State Bank in March, 2000. The competent
authority of the Bank considered the case of the writ petitioner
F and keeping in view the punishment imposed oh the deceased
employee, it rejected the prayer of the writ petitioner and h
informed. her that no such appointment could be given to her.
A representation was made by the writ petitioner but it was
also rejected on July 16, 2001.
G
6. Aggrieved by the action of the State Bank, the writ
petitioner filed a petition in the High Court by invoking Article .}- .
226 of the Constitution. A Single Judge of the High Court,
after referring to the scheme of giving appointment on
compassionate grounds to dependents of deceased
H
GENERAL MANAGER, STATE BANK OF INDIA 581
& ORS. v. ANJU JAIN [C.K. THAKKER, J.]
~ employees and also considering the case of the writ-petitioner, A
allowed the petition holding that the writ petitioner was entitled
to the benefit of appointment on compassionate ground as
the dependent of the deceased employee. The said right,
which had accrued in her favour, could not be taken away by
the State Bank only on the ground of misconduct on the part B
~ of her husband for which he was punished, obseNed the Single
Judge. Accordingly, a direction was issued by the Single Judge
to appoint the writ petitioner.
7. The State Bank, being aggrieved by the said order,
approached the Division Bench of the High Court by filing c
intra-Court appeal but the Division Bench also confirmed the
order passed by the learned Single Judge and dismissed the
appeal. The said order is challenged in the present appeal.
8. Notice was issued on May 17, 2007 and after hearing
D
-{ the parties, the Registry was directed to place the matter for
final hearing on May 01, 2008. We have accordingly heard
_.J
learned counsel for the parties.
9. The learned counsel for the appellant-Bank contended
that the orders passed by the High Court are illegal, improper E
and contrary to ·law. It was submitted that appointment on
compassionate ground is never considered to be a right of a
dependent of deceased employee. It is a benefit granted to
a dependent of an employee who dies in harness and is thus
an exception to the general rule of 'equality clause' guaranteed F
~ by Article 14 of the Constitution. Such appointment, hence,
can only be given in accordance with the policy adopted or
scheme framed by the employer.
10. It was also submitted that if the employee has
committed misconduct for which he was punished, the G
{ dependent of such employee cannot claim the benefit of
appointment on compassionate ground. According to the
counsel, both the Courts were wholly wrong in holding that the
writ petitioner was sought to be punished for so called
misdeeds of the deceased employee. The counsel submitted H
582 SUPREME COURT REPORTS [2008] 12 S.C.R.
A that there was no question of punishing the writ petitioner in
not granting appointment on compassionate ground. The
husband of the writ petitioner had committed misconduct which
was proved in the inquiry instituted against him and he was
punished. As per the policy, the writ petitioner cannot claim
s appointment on compassionate ground. There was no accrued
right in favour of the writ-petitioner. The order passed by the
learned Single Judge and confirmed by the Division Bench,
therefore, deserves to be set aside.
11. Alternatively, it was submitted that even if a dependent
C of the deceased· employee is held eligible to get an
appointment on compassionate ground, it is well settled law
that mandamus can be issued against the employer limited to
· ordering him to consider the c~se of such applicant. No
direction can be issued to appoint the writ-petitioner on
D compassionate ground. Even on that count, the orders are
liable to be set aside.
12. The learned counsel for the writ pe~itioner; on the
other hand, supported the order passed by the learned Single
E Judge and confirmed>by the Division Bench. It was submitted
that for the so called misconduct, the husband of the writ
petitioner was already punished. The matter, therefore, ended
there. Thereafter, it was not open to the Bank in the light of the
policy in vogue to refuse appointment on compassionate
ground to deprive the writ petitioner of such appointment. The
F learned Single Judge was, therefore, right in allowing the
petition. And the Division Bench was not wrong in not interfering
with the said order.
13. The counsel conceded that normally, a writ Court will
G direct the employer only to consider the case of the dependent
of deceased employee for appointment on compassionate
ground. He, however, submitted that on the facts of the case,
the only ground which weighed with the Bank was that the
husband of the writ petitioner was punished and, hence, his
H widow could not be granted the benefit under the scheme. If
GENERAL MANAGER, STATE BANK OF INDIA 583
& ORS. v. ANJU JAIN [C.K. THAKKER, J.]
~! in the light of the said fact, an order was passed to appoint A
the writ petitioner, it could not be said that by issuing such
direction, the learned Single Judge had exceeded his
jurisdiction. The Division Bench was, therefore, right in
dismissing the appeal and no interference is called for in
exercise of discretionary jurisdiction under Article 136 of the B
~
Constitution.
14. Having heard learned counsel for the parties, in our
opinion, the appeal deserves to be allowed by setting aside
the order passed by the learned Single Judge and confirmed
by the Division Bench. c
15. It is an admitted fact 'that the husband of the writ
petitioner was serving with the appellant Bank. He indulged in
illegalities and committed misconduct for which departmental
proceedings were initiated against him. An Inquiry Officer was
D
appointed, who after giving opportunity of hearing to the
....;(
deceased employee, recorded a finding that the charges
levelled against the employee were proved. A report was
.-1.
submitted by the Inquiry Officer to the Disciplinary Authority.
The Disciplinary Authority, after following the principles of natural
justice and affording opportunity of hearing to the employee E
by supplying a copy of the Inquiry Officer's report, agreed with
the findings and imposed major penalty by reducing basic
pay of the delinquent by two stages and stoppage of five
annual future increments with cumulative effect. The said order
had attained finality. F
rl-
16. It is also not in dispute that in January, 2000, the
employee expired and an application for appointment on
compassionate ground was submitted by his widow, the writ
petitioner. At that time, the appellant Bank was governed by
G
scheme which was in force with effect from January 01, 1978
-{ as amended up to January 01, 1998.
17. The counsel for the State Bank invited our attention
to the scheme for appointment on compassionate grounds for
dependents of deceased employees. As per the policy, such H
584 SUPREME COURT REPORTS [2008] 12 S.C.R.
A benefit could be granted in certain cases. Para 6 of the ~
scheme laid down 'Method of appointment'. Clause (d) of the ·
said para dealt with cases where disciplinary actions had
been taken against an employee. The said clause read as
under:
B (d) In cases where disciplinary· action had been taken I
against the employee or disciplinary proceedings ¥
were pending/ contemplated against him/her,
appointment of a dependent on compassionate
grounds may be considered only after obtaining prior
c Government concurrence.
18. Since the disciplinary proceedings against the
deceased employee c·ulminated in major punishment and an
application was made by his widow for appointing her on
D compassionate ground, the Bank referred the matter to the
Government of India. The matter was considered by the
Government but it was remitted to the Bank to take an
appropriate decision in accordance with law.
19. The Bank again considered the proposal for
E appointment on compassionate ground of the writ-petitioner ·
but declined to grant such benefit in view of punishment
imposed on her husband .
..
20. In para 3 of the communication, dated January 29,
2001, the Managing Director of the appellant Bank stated;
F
"In this connection, we have to advise that although our
scheme for compassionate appointments does not
explicitly state that the deceased employee should have
had unblemished service, this is implied: In view of the
G
gross misconduct of late D.K. Jain, the competent authority
at this office has declined the proposal for compassionate
appointment of his wife Smt. Anju Jain in the Bank".
21. It was submitted on behalf of the Bank that if the
services of the employee were not fully satisfactory and he
H was found guilty at the departmental ic:iquiry and was punished
GENERAL MANAGER, STATE BANK OF INDIA 585
& ORS. v. ANJU JAIN [C.K. THAKKER, J.]
for misconduct, it was open to the employer not to grant the A
benefit of appointment on compassionate ground to the
dependent of such tainted employee after his death. If on t~at
ground, an order is passed, it cannot be objected on the
ground that no such action could have been taken.
~ 22. In our opinion, the submission is well-founded and B
must be upheld. The learned counsel for the State Bank also
referred to the scheme for compassionate appointments as
framed in· 1979 and amended in 1998 which was further
amended in 2003. The said scheme reads as "Scheme for
compassionate appointments amendments in respect of cases c
where the deceased employee/employees retired on health
grounds had been involved in major/gross misconduct".
23. Certain new provisions were added in the scheme
for compassionate appointments. A clause relating to
-----( D
'exclusions' was inserted in para 5 dealing with eligibility.
Clause (f) relating to misconduct of an employee who died in
harness or retired on health ground which was added, reads
as under:
(f) The dependents of an employee who has died or who E
has retired on health grounds and whose service record
was blemished on account of disciplinary action having
been taken against him will be ineligible for compassionate
appointment in the bank.
,,,..,...
24. Bare reading of the above clause makes it abundantly F
clear that the dependent of an employee who had died or
retired on medical ground but whose service record was
blemished on account of disciplinary action having been taken
against him will not be considered eligible for compassionate
appointment in the Bank. G
~
25. As observed earlier, the writ petitioner approached
the High Court relying on the scheme for compassionate
appointment of 1979 as amended with effect from January
01, 1998. It was submitted by her that her husband was an
H
...,.
586 SUPREME COURT REPORTS [2008] 12 S.C.R.
A employee of the Bank, departmental proceedings were
initiated and he was punished. It was, thereafter, not open to
the appellant Bank to refuse appointment to her on
compassionate ground as she could not be punished for
misdeeds alleged to have been committed by her husband.
'
B 26. The submission weighed with the learned Single
Judge who allowed the petition and observed;
"I have heard learned Counsel for the parties at length and
looked into the record of the case as well as the authorities
c cited by the learned Counsel for the petitioner and I find
that at the time when the petitioner applied for
compassionate appointment on the death of her deceased
husband, the earlier Scheme was applicable to the
petitioner's case and the ·amended Scheme came into
force from May, 2002. I am of the view that the inapplicable ~
D
provisions of the clauses of the amended Scheme could
not be taken resort to by the respondents as a ground to
deprive/scuttle the rightful benefits that accrued to the
petitioner_.only due to some charges of misconduct of the ·
deceased husband of the petitioner for which he had
E already been penalized. No past acts of misconduct of
the employee who dies in harness can be taken into
account while considering the case of a family member
for employment on compassionate ground, as it is not a
benefit provided to the deceased employee but for
F ~
provioing immediate succor to its dependents to survive.
The decision of the respondents is impermissible in the
eye of law being in violation of the principles .of natural
justice" .
.27. The Single Judge, hence, issued the following
G J-
directions;
"In the result, the petition succeeds and is allowed and the
impugned orders dated 21.05.2001 and 16.07.2001
(Annexures No. 2 and 4 to the writ petition) are hereby
H quashed. Accordingly the respondent-Bank is directed to
-----
GENERAL MANAGER, STATE BANK OF INDIA 587
& ORS. v. ANJU JAIN [C.K. THAKKER, J.]
provide an appointment to the petitioner on A
compassionate ground on account of the death of her
husband, in accordance with law and in terms of the earlier
scheme, which was in force at that time within one month
from the date a certified copy of this order is placed before
the concerned authority-respondent Bank. There will be B
no order as to costs."
28. When the appeal was filed by the State Bank against
the order passed by the Single Judge, the Division Bench
held that the learned Single Judge was right in issuing
necessary directions and there was no infirmity. The Division C
Bench observed;
"From the record, it is evident that after the death of the
said employee, the present appellants have also changed
the scheme and introduced clause (1) to appointment on
0
compassionate grounds. Past misconduct of an employee
who dies in harness should also be taken into consideration
while considering the application for compassionate ·
employment of his dependent. However, the said
amendment in the policy does not operate retrospectively
and the learned Single Judge has rightly held that past act E
of misconduct of the said employee could not have been
taken into consideration".
29. We are of the view that both the Courts were wrong
in granting relief to the writ petitioner. Appointment on F
compassionate ground is never considered a right of a person.
In fact, such appointment is violative of rule of equality enshrined
and guaranteed under Article 14 of the Constitution. As per
settled law, when any appointment is to be made in
Government or semi-Government or in public office, cases of G
all eligible candidates must be considered alike. That is the
mandate of Article 14. Normally, therefore, State or its
instrumentality making any appointment to public office, cannot
ignore such mandate. At the same time, however, in certain
circumstances, appointment on compassionate ground of
H
588 SUPREME COURT REPORTS [2008) 12 S.C.R.
"<
...,_·
A dependents of deceased employee is considered inevitable
so that the family of the deceased employee may not starve.
The primary object of such scheme is to save the bereaved
family from sudden financial crisis occurring due to death of
sole bread earner. It is thus an exception to the general rule
8 of equality and not another independent and parallel source of
employment. I
30. In our opinion, therefore, if disciplinary proceedings
have been initiated against an employee and the charges
levelled against such employee are proved and he is-punished,
c it is indeed a relevant consideration for not extending the
benefit to dependent of such employee on the ground that he
was punished. To us, it cannot be said that it is a case· of
double jeopardy or a dual punishment. Compassionate
appointment is really a concession in favour of dependents of
D deceased employee. If during his career, he had committed )---
illegalities and the misconduct is proved and he is punished,
obviously his dependents cannot claim right to the employment.
With respect, the learned Single Judge was wholly wrong in
observing that such an action would be violative of principles
E of natural justice.
31. To us, the observation of the learned Single Judge
that "no past acts of misconduct of the employee who dies in
harness can be taken into account while considering the case
of a family member for employment on compassionate ground"
F . is not in consonance with law. Past conduct of an employee
is undoubtedly an important consideration. We are also of the
view that the State Bank was right in rejecting the prayer of
the wife of the deceased employee vide its letter dated January
29, 2001 observing therein that "unblemished service record
G is implicit".
-j..
32. The learned counsel for the Bani< invited our attention
to a decision of the High Court of Delhi in Suman Lata Yadav
v. Union oflndia & Anr, (2004) 113 DelLT 152. In that case,
widow of a deceased employee sought employment on
H
,, .., ..........,....,..........
GENERAL MANAGER, STATE BANK OF INDIA 589
& ORS. v. ANJU JAIN [C.K. THAKKER, J.]
~~
compassionate ground following__ death of her husband. The A
request was declined. The widow approached the High Court
by filing a writ petition. A counter affidavit was filed by the
Union of India stating therein that on account of disciplinary
proceedings and punishment meted out to the deceased, the
request of the widow for appointment on compassionate B
,,," ground was turned down.
.. 33. I!_ was contended on behalf of the widow that the
action of the Union of India was illegal and appointment on
compassionate ground could not be denied.
c
34. Dismissing the petition a·nd negativing the argument
on behalf of the widow, a Single Judge of the High Court
stated;
"I am unable to accept this submission. While it is true that
the prime object is to provide succour and immediate D
~ relief, yet the deceased's service record or the factum of
disciplinary proceedings and punishment meted out to
,__. him, cannot be said to be an irrelevant factor. The
possibility of denial of compassionate appointment to the
LRs of deceased on account of deceased employee E
having a tainted service record, would serve as a deterrent
to employees from indulging.in misconduct. It can act as
an incentiv_e for those maintaining discipline and probity.
Besides, when the availability of appointment and
opportunities is limited, there is nothing wrong in preferring F
LRs, of those employees with clean record over the LRs,
~
of those, who have had a tainted record."
35. In our opinion, the above observations lay down
correct proposition of law and we approve them.
G
36. To us, therefore, the State Bank was right in refusing
k appointment on compassionate ground to the widow of
deceased employee of the Bank even under the policy· in
force in year 2000. We see no illegality in the action. We hold
that the learned Single Judge as well as the Division Bench
H
590 SUPREME COURT REPORTS [2008] 12 S.C.R.
.A were not right in observing that since the deceased employee '\,.._
was punished, the matter ended there and the said punishment·
would be of no consequence so far as appointment of his,
dependent on compassionate ground of the deceased;,
employee was concerned.
B 37. Even on second ground, the submission of the Bank
is well-founded. As noted earlier, the learned Single Judge~ _,."
issued direction to the Bank to appoint the writ petitioner- ;,
widow of the deceased employee within one month. As per;
settled law, a writ of mandamus can' be issued directing the·
c authority to consider the case of the petitioner for an,
appointment or promotion as the case may be but no direction
can be giyen to appoint or promote a person.
38. In State of Mysore & Anr. v. Syed Mahmood & Ors., .
(1968) 3 SCR 363, promotion to the higher post was to be .
D
given on the basis of seniority-cum-merit. A was not promoted,
He, therefore, fi1ed a petition in the High Court of Mysore by ;
invoking Articl~ 226 of the Constitution claiming promotion. •·
The High Court issued a writ of mandamus directing the:
Government to 'promote A. The aggrieved State approacheq,::·
E this Court.
39. Allowing the appeal and setting aside the dir~9tion __
of the High Court ordering the State to give promottori, this
Court held that at the most, the High Court could have issued
F mandamus directing the State to reconsider the case of the
writ petitioner on the correct principle. It could not have issued .,>;
a direction to the employer to promote the writ petitioner with
retrospective effect. Syed Mahmood was followed by this Court
in several cases.
G 40. The learned counsel for the respondent, no doubt,
re.ferred to a· decision in State of Bihar v. Dr. Braj Kumar
j
Mishra & Ors., (1999) 9 SCC 546 wherein this Court held
that normally mandamus can be issued by a writ Court
directing the authority to consider the case of the writ petitioner.
H In exceptional circumstances, however, a positive direction
GENERAL MANAGER, STATE BANK OF INDIA 591
& ORS. v. ANJU JAIN [C.K. THAKKER, J.]
can be issued by granting relief in favour of the writ petitioner A
~
if the Court is otherwise satisfied.
41. The Court stated;
"It is true that normally the Court, in exercise of its power
under Article 226/227 of the Constitution of India, after B
quashing the impugned order should remand the matter
• to the concerned authority particularly when such authority
"' consists of experts for deciding the issue afresh in
accordance with the directions issued and the law laid
down by it but in specified cases, as the instant case, c
nothing prevented the Court to issue directions when all
the facts were admitted regarding the eligibility of the
respondent No, 1 and his possessing of the requisite
qualifications. Remand to the authorities would have been
merely a ritual and ceremonial. Keeping in mind the lapses
D
attributable to the Commission which had failed to take
·~ appropriate action despite recommendation made in
fav9ur of the respondent No. 1, the learned Single Judge
as also the Division Bench of the High Court felt it
necessary to declare the respondent No. 1~promoter w.ith
effect from 1.2.1985. We do not find any illegality or error E
of jurisdiction. Learned counsel appearing for the
appellants were apprehensive that if the impugned
judgment is not set aside, it may become precedent and
in other cases pertaining to the University, such directions
may be issued in future also preventing the authorities F
and the State Government from exercising their statutory
powers. The apprehension is misconceived and without
any substance. To allay even such apprehension we deem
it appropriate to clarify that the impugned judgment has
been passed under peculiar circumstances of the case G
and is no precedent with respect to the subject regarding
which the appellants have conceived an apprehension".
(emphasis supplied)
42. Apart from the fact that in 'peculiar circumstances', H
592 SUPREME COURT REPORTS [2008] 12 S.C.R.
A a positive direction was issued by this Court and it was stated
that the decision 'is no precedent' with respect to the subject,
in our opinion, in the present case, the second stage did not
arise at all. As we have held that even under the policy in
force in 2000, the appellant Bank was wholly right and fully
B justified in declining the prayer of the widow of deceased
employee in rejecting her prayer for extending benefit of
appointment on compassionate ground. The orders passed
by both the Courts are, therefore, liable to be set aside on
that ground alone.
C 43. For the· aforesaid reasons, the appeal is allowed,
the order passed by the Single Judge· and· "confirmed by the
Division Bench of the High. Gou.rt is set aside and· the writ
petition filed by .the widow of decea·sed employ~e ·of the State
Bank for getting ·an appointment as dependenfofdeceased
D employee ·on. compassionate· ground is ordered· to be
dismissed. ·
.44. On the facts and in the circumstances of the case,
however, the parties are ordered t6 bear their own costs.
E K.K.T. Appeal allowed.
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.
Try "compassionate appointment"Sign in to search