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State Bank of India and Others v. Surya Narain Tripathi

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 9730 of 2011)Decided 11 Feb 2014
Civil Appeal No. 9730 of 2011
Justice H.L. Gokhale · Justice Kurian Joseph

Background

After a bank officer died in service, his son sought employment on compassionate grounds. The bank refused after considering the family's retirement benefits, pension and resulting income, but the High Court directed it to reconsider. The bank appealed against that direction.

Decision Breakdown

The Supreme Court allowed the appeal and dismissed the son's writ petition. Compassionate employment is intended to meet a family's sudden financial crisis, rather than provide a replacement job whenever an employee dies. The bank could consider the benefits already provided when deciding whether the family needed such assistance under its scheme. In the special circumstances, including the family's long litigation, the Court nevertheless directed the bank to pay one lakh rupees as litigation expenses.

Lesson Learnt

A dependent does not automatically inherit an employer's job after a death in service. Eligibility for compassionate appointment depends on the relevant scheme and the family's financial need, including the support it already receives.

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

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