Service Law – Compassionate appointment – Substitution of original scheme under which appointment on compassionate grounds could be made, by a scheme under which only ex gratia payment to be made over to the dependents – The decisions of Supreme Court, relied upon by the petitioner proceeded on the premise that there was no vested right to have the matter considered under the former scheme and the governing scheme would be one which was in force when the applications came up for consideration – The decision relied upon by the respondent proceeded on a different principle and stipulated that the governing scheme would be the former scheme and any subsequent that came into force after the claim was raised would not be applicable – The principles emanating from these two lines of decisions were not consistent and did not reconcile – Therefore, matter required consideration by a larger Bench – The Registry directed to place the papers of this case before the Chief Justice of India for constituting a Bench of appropriate strength to dispose of the petition – Reference to larger bench.
State Bank of India and another v. Raj Kumar (2010)
11 SCC 661; MGB Gramin Bank v. Chakrawarti Singh (2014) 13 SCC 583 : [2013] 10 SCR 1; Canara Bank and another v. M. Mahesh Kumar (2015) 7 SCC 412 : [2015] 9 SCR 724; SBI v. Jaspal Kaur case (2007) 9 SCC 571 : [2007] 2 SCR 101 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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