Bank of Baroda & Ors. vs. Baljit Singh [Civil Appeal No(s). 624/2017]
Compassionate appointment dehors the terms of the policy is impermissible
RELEVANT PARAGRAPH
14. It is to be noted that in the instant case, the respondent filed a suit for declaration and mandatory injunction seeking appointment on compassionate basis which was decreed by the Trial Court and upheld and affirmed by the High Court. In State of Himachal Pradesh vs. Parkash Chand reported in (2019) 4 SCC 285, it has been categorically held that a direction by a High Court to consider cases for compassionate appointment dehors the terms of the policy is impermissible as it would amount to re-writing the terms of the policy. This aspect has been overlooked by the High Court in the instant case. In a similar vein, in Indian Bank vs. Promila reported in (2020) 2 SCC 729, it has been observed that eligibility for compassionate appointment must be as per the applicable scheme and the courts cannot substitute a scheme or add or subtract from the terms thereof in exercise of judicial review. The aforesaid dicta would also apply to a suit filed seeking the relief of compassionate appointment.