Hyderabad: A two-judge panel of the Telangana High Court ruled that a claim for compassionate appointment must be examined under the policy prevailing on the date of consideration of the application, particularly where a subsequent scheme has been given retrospective effect. The panel comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin was dealing with a writ appeal filed by Canara Bank against an order of the writ court directing consideration of an application of a women for compassionate appointment under an earlier scheme and not the subsequent scheme introduced thereafter.
The factual matrix reveal that father of respondent, who was working as a senior manager in the erstwhile Syndicate Bank, died in harness in 2017. She applied for compassionate appointment in July 2017 under the 2015 Bank scheme. During the pendency of her application, the bank introduced a new scheme in January 2018 with retrospective effect from August 5, 2014, prescribing a family income ceiling of ₹35,000 per month. Her application was rejected on the basis of new scheme. In the earlier litigation, the writ court held that the scheme existing on the date of death of the employee would govern the claim and directed reconsideration of application under the earlier policy. Challenging the order, the bank contended that subsequent scheme was made retrospectively applicable and therefore was applicable to all pending applications. Counsel for appellant contended that compassionate appointment claims were to be considered in accordance with the norms prevailing on the date of consideration unless a vested right existed.
Counsel for the respondent contended that claim should be under the scheme prevailing at the time of her death of her father and not under a subsequently introduced policy. She contended that the later scheme could not retrospectively deprive the applicant of benefits available under the earlier policy, particularly when the application was already submitted. The rejection of application was based solely on new eligibility conditions which did not exist under the earlier scheme. The panel observed that compassionate appointment was not a vested right but only a concession subject to fulfilment of eligibility conditions under the applicable policy. The panel held that since the application of the respondent was rejected after the new scheme came into force and the scheme itself was retrospectively applicable from 2014, the application should to be considered under the revised policy. Accordingly, the panel allowed the appeal and upheld the rejection of the claim of the respondent for compassionate appointment under the new scheme.
No fresh probe into suicide case
The Telangana High Court refused to order reinvestigation into the death of a woman in Nalgonda district, finding no material to displace the official conclusion of suicide. Justice N. Tukaramji was dealing with a writ petition filed by Mahamuda, who alleged that her daughter was murdered by her husband pursuant to a dowry-related conspiracy and that the police conducted a biased investigation to shield the accused. It was contended that external injuries noted in the post-mortem report pointed to a homicidal death. The petitioner sought a direction for reinvestigation and filing of a chargesheet for offences including murder.
Examining the record, the judge observed that the investigating agency examined relevant witnesses and relied on the post-mortem report, which opined that the cause of death was asphyxia, due to hanging. The court also observed that, apart from a ligature mark, no injuries indicative of violence were recorded in the medical evidence. Justice Tukaramji took note of the fact that the father of the deceased, in an earlier representation, did not express any suspicion regarding the nature of death. Further, the statements of witnesses on record did not support the allegation of homicidal death. In the absence of any substantive material to doubt the fairness or correctness of the investigation, the judge declined to interfere and dismissed the writ petition.
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