LegalAware
LegalAware.ai
EMPOWERING LEGAL AWARENESS

Bank of India & Ors. vs. Pankaj Srivastava

Not available · 2024 INSC 538Decided 30 Apr 2024
Not available
Justice J.K. Maheshwari · Justice Sanjay Karol

Background

The respondent's father, a Bank of India employee, died in service in 2000. The respondent sought a compassionate appointment as a Clerk, but the bank refused, citing an internal scheme (and a 2002 Board directive) that barred compassionate appointment where the deceased employee faced a major disciplinary penalty or such a penalty was contemplated at the time of death, pointing to the fact that a charge-sheet against the father was said to be "under preparation" before he died. A Single Judge of the High Court ruled in the respondent's favour, directing the bank to consider his claim, and a Division Bench of the High Court affirmed this on intra-court appeal.

Decision Breakdown

The Supreme Court dismissed the bank's appeal. It held that the bank's own scheme only barred compassionate appointment where a major penalty had actually been awarded or was genuinely "contemplated" (i.e., disciplinary proceedings pending or under active consideration), not merely where a charge-sheet was said to be in preparation, with no charge-sheet ever issued and no suspension ever imposed. Since there was no concrete evidence that disciplinary action had actually been contemplated before the employee's death, the exclusion clause did not apply, and the High Court's decision to direct consideration of the compassionate appointment claim was correct.

Lesson Learnt

An employer cannot deny a benefit like compassionate appointment based on mere speculation that disciplinary action might have followed: actual contemplation or initiation of proceedings against the deceased employee must be concretely shown, not inferred from preparatory paperwork alone.

Official source (sci.gov.in)View Judgment (PDF)

More rulings in Service & Administrative Law

Service & Administrative LawSupreme Court of India

State of Maharashtra v. Sudhir S/o Motiramji Hiwarkar & Ors.

The Supreme Court noted that by the time of this appeal, more than a decade had passed, the college itself no longer existed, and ordering Sudhir's reinstatement or recovery of full back wages would be impractical and could render him destitute in his old age, while the State itself had not raised a timely objection on the point it now argued. Rather than deciding the matter either way on technical grounds, the Court invoked its extraordinary power under Article 142 of the Constitution to "mould the relief," setting aside the specific direction under appeal and ordering the State to pay Sudhir a consolidated sum of Rs. 10,00,000 within eight weeks in full and final settlement of all his claims, expressly stating this was not to be treated as a precedent.

Decided 13 Oct 2026Read case
Service & Administrative LawSupreme Court of India

Hardev Construction Private Limited v. Union of India & Ors.

The Supreme Court held that where payment of Bid Security is made through the authority's own e-payment gateway, demanding a physical "original" receipt is an impossible condition to satisfy, since the money had already reached the respondents' account and was fully within their control. Rigid, literal enforcement of a tender clause cannot be allowed where compliance in the literal sense is genuinely impossible. The Court set aside the rejection and the High Court's order, and directed that the contract be awarded to the appellant, with limited further steps for completing the Bid Security formality.

Decided 12 Oct 2026Read case
Service & Administrative LawSupreme Court of India

Union of India thr. its Secretary & Ors. v. SGT Girish Kumar & Ors.

The Supreme Court held that observations made in a judgment must be read in the context of the facts before the court at the time, and cannot be mechanically applied as if they were a statute. It clarified that its earlier common judgment does not mean every disability-pension claim with arrears must automatically succeed; each such claim must still be decided on its own facts and merits. With that clarification on record, the Miscellaneous Application was disposed of.

Decided 12 Oct 2026Read case
Service & Administrative LawDelhi High Court

Monoher Singh Bakshi vs. Union of India & Ors.

The Court noted the claim related to events from 1989-1993, but the petitioner had first approached the court only in 2021, nearly three decades later. Relying on Supreme Court precedent, it held that mere repeated representations to the government do not revive a stale claim or create a fresh cause of action justifying such an enormous delay. The respondents had also stated no amount remained outstanding and that the petitioner failed to produce supporting bills. The Court declined to exercise its writ jurisdiction and dismissed the petition.

Decided 9 Oct 2026Read case
Service & Administrative LawDelhi High Court

Union of India & Ors. vs. All India Naval Draughtsmen Association & Ors.

The Court noted that the very same legal question about whether these OMs applied had already been decided in two earlier cases involving similarly situated employees, and the government's own challenges to both of those rulings (via Special Leave Petitions) had been dismissed by the Supreme Court. Finding no basis to take a different view now, the Court held this was not a case deserving interference and dismissed the Union's writ petition in limine (at the threshold, without detailed hearing).

Decided 9 Oct 2026Read case
Service & Administrative LawDelhi High Court

Delhi Nurses Union vs. Union of India & Ors.

The Court found that the relied-upon norms were expressly framed for only seven specifically named central government hospitals, and VPCI was not among them, so the norms simply did not apply to VPCI in the first place. Even on its own terms, the norm requiring 250+ beds for such a post did not prohibit creating one in a smaller hospital: that was a matter of administrative/policy discretion. Relying on Supreme Court precedent, the Court held writ courts cannot direct the creation, sanctioning, or staffing of government posts, as that is purely the government's own prerogative. The petition was dismissed.

Decided 9 Oct 2026Read case