# Abhishek Jaiswal v. P.N.B. Head Office & Ors

- **Citation:** (2026) 1 ILRA 943
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2026-01-22
- **Case number:** Writ A No. 8208 of 2024
- **Bench:** Shree Prakash Singh
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/abhishek-jaiswal-v-p-n-b-head-office-ors-54043
- **Pages:** 5

## Text

1 All. Abhishek Jaiswal Vs. P.N.B. Head Office & Ors.
943
employer being the Government of India and the expert educational body being UGC and therefore
there is no occasion for any judicial review of that aspect.

26. In view of discussion made herein above, this Court is in agreement with submissions as
made by learned counsel for petitioner.

27. Therefore a writ in the nature of Mandamus is issued commanding the opposite parties to
reconsider petitioner's candidature for recruitment/appointment to the post of RTJCO in terms of
advertisement for the recruitment year 2023-24 in view of observations made herein above
considering his degree of M.A., Sanskrit degree to be of equivalence/restructured with regard to
degree of Acharya.

28. Consideration with regard to same shall be made by opposite parties expeditiously within a
period of eight weeks from the date a certified copy of this order is served upon the concerned
authority.

29. Resultantly the petition succeeds and is allowed. Parties to bear their own costs.
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(2026) 1 ILRA 943
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 22.01.2026

BEFORE

THE HON'BLE SHREE PRAKASH SINGH, J.

Writ A No. 8208 of 2024

Abhishek Jaiswal ...Petitioner
Versus
P.N.B. Head Office & Ors. ...Respondents

Issue for Consideration
(1) Validity of denial of compassionate appointment requested by the widow of the deceased employee for
her son.

Headnotes
(A) Service law - Compassionate appointment - Petitioner's father was regular employee - After
death, the widow moved application for appointment of her son/petitioner within period of five
years, which was duly received in the office - The petitioner was completed Intermediate on the
date of application - Other formality was completed too - However, the appointment was denied
- Validity challenged. (E-1)
Held : This Court has failed to understand that if at the time of issuing the letter on 27.08.2018, the bank had
considered the letter, in the sense, in which the same was written; what restrained to proceed for
appointment of the petitioner - The "compassion" cannot be considered in vacuum, as the same attracts and
meant of sympathy, kindness and soft feeling with human sentiments. Infact, it is highly rich customs and
traditions of the cultural heritage of India, which has been enshrined in Article 51-A(g) of the Constitution of
India and therefore the authorities while considering appointment on compassionate ground must look the
944 INDIAN LAW REPORTS ALLAHABAD SERIES
very aim and object of the Rules, 1974, as the same can never be understood unless the sentiment of sufferer
is felt. [Para 15 and 17]

Case Law Cited
Mohinder Singh Gill vs. Chief Election Commissioner and others, (1978) 1 SCC 405. - referred to.

List of Acts
Constitution of India - Article 51-A(g), UP Recruitment of Dependants of Government Servants Dying in
Harness. Rules, 1974.

List of Keywords
Compassionate appointment, Legal heir, Financial hardship, Financial distress, Compassion, Sympathy, Fellowfeeling, Soft feeling, Human sentiments, Cultural heritage.

Case Arising From
Impugned order dated 19.09.2023 passed by the authority.

Appearances for Parties
Advs. for the Appellant : Vinod Kumar Shukla; Alok Kumar Pandey; Azmi Yousuf and Shashank Singh.
Advs. for the Respondents : Vishwas Saraswat; Brajendra Amiy and Gaurabh Kumar.

(Delivered by Hon'ble Shree Prakash Singh, J.)

1. Heard Mr. Vinod Kumar Shukla and Mr. Alok Kumar Pandey, learned counsel for the
petitioner, Mr. Vishwas Saraswat, learned counsel for the respondents and perused the record.

2. The present petition has been filed challenging the order dated 19.09.2023 passed by
opposite party no. 2, i.e. Chief Manager, Punjab National Bank, Circle Office, Sitapur, on the
ground that without assigning any reason, the order has been passed, declining the appointment of
the petitioner on compassionate ground.

3. The contention of learned counsel for the petitioner is that the petitioner?s father, Late
Keshav Ram Jaiswal, who joined the service in 1982, unfortunately died in the year 2016, i.e. on
04.08.2016, leaving behind the legal heirs, including the present petitioner being the son.

4. He submitted that after the death of the father, the mother submitted an application on
04.08.2018 while making a claim for appointment by mentioning that her son had passed the
Intermediate examination and he is pursuing his graduation course, and she desired that her son be
appointed after completion of his education.

5. He added that the application may not be happily worded, but one thing is apparent that the
son of the deceased employee, who is the legal heir, had passed the Intermediate examination and
therefore, he should have been considered for appropriate appointment under the rules prevalent at
that point of time in the bank.

6. Further submission is that the impugned order does not speak about any reason for refusal
of the claim of the petitioner for his appointment on compassionate ground. He has also drawn
attention towards paragraphs 4 and 5 of the supplementary affidavit dated 06.11.2025 filed by the
1 All. Abhishek Jaiswal Vs. P.N.B. Head Office & Ors.
945
counsel for the respondent bank and submitted that it has been mentioned in the affidavit that the
deliberation and discussion among the members of the Board is oral in nature and based on that
oral discussion, the petitioner was not found eligible and therefore his appointment has been
declined.

7. He further argued that the rules of compassionate appointment are made for considering
such legal heirs on the basis of compassion and it is not the intent of any law-making agency to
deprive a person whose caretaker and parent has died in harness. He next submitted that the mental
status of the family, particularly the wife, after the death of her husband can be understood and
therefore, if the application has been filed, not with a targeted request, then that should not be taken
otherwise, rather, it is incumbent upon the authorities to try to fulfill the very purpose of the
prevalent rules and laws for which those are meant.

8. He added that the application initially was submitted in the year 2018, i.e. very well within
the time period prescribed under the provisions. Clarifying the position, he submitted that after the
application was instituted on 04.08.2018, a letter was received by the petitioner on 27.08.2018,
which is appended as Annexure No. 3 along with the writ petition and in compliance thereof, all the
formalities were completed on 04.08.2018, But in the meantime, the office was shifted and
therefore, it was requested by the bank officers that a fresh application be given, and thereafter, the
fresh application was given on 27.01.2021. This does not mean that the application was initially
given in the year 2021, rather, it was given in the year 2018 through the application which was
given on 27.01.2021 is also within the time of five years of limitation period prescribed in the
Rules. He added that all these reasons were neither considered nor discussed, as is evident in the
letter of rejection of the claim of the petitioner.

9. Concluding his argument, he submitted that the impugned order does not stand on its own
legs and therefore, the same is liable to be quashed.

10. On the other hand, Mr. Saraswat, appearing for the respondent bank, has opposed the
aforesaid contentions and submitted that in fact, the letter of the year 2018 could not have been
taken into consideration as the same itself is evident that the appointment was sought for in future,
i.e. after completion of the graduation of the petitioner, and therefore, the application which was
subsequently submitted by the petitioner, in the year 2021, was considered. He submitted that since
after the lapse of five years, the application was moved and therefore, under the rules, the same
could not have been considered, and after due deliberation in the meeting of the Board, the decision
was taken and the order dated 19.09.2023 was passed. He further submitted that there was no
financial hardship before the petitioner or his mother or the family, and therefore, the petitioner is
also not entitled to any kind of appointment under the Rules, 1975 for compassionate appointment.
Thus, the writ petition is liable to be dismissed.

11. Upon considering the submissions of learned counsel for the parties and perusal of the
records, it transpires that the petitioner?s father was working in the respondent bank and he died in
harness, on 04.08.2016. Thereafter, the wife of the deceased moved an application for appointment
on 04.08.2018, whereafter, a letter was sent by the bank, on 27.08.2018, for completing the
formalities with respect to the appointment, on compassionate ground. In compliance thereof, the
946 INDIAN LAW REPORTS ALLAHABAD SERIES
formalities were completed but as per the argument of learned counsel for the petitioner, in the
meantime the office was shifted and a new application was demanded which was submitted in the
year 2021.

that two things are undisputed, firstly that the present petitioner is the legal heir of the
deceased employee, who was regularly working in the respondent bank, and secondly, that the
letter dated 04.08.2018 was received in the office of the bank. What is disputed is that in the letter
dated 04.08.2018, the request was made by the mother of the petitioner that the petitioner had
completed the Intermediate education and he may be given appointment, after completion of his
graduation course.

13. This Court has noticed that after the aforesaid letter was given, the bank wrote a letter on
27.08.2018, to the mother of the petitioner, directing her to fulfill the formalities regarding the
appointment and the same was completed as per the instructions.

14. In fact, the petitioner had completed Intermediate education at the time of submission of
application by his mother and it is not the case of the bank that the petitioner did not possess, such
qualification, for which there was no job available in the bank, and probably for these reasons, the
bank, considering sympathetically the request of the mother of the petitioner, wrote a letter on
27.08.2018, for completion of the formalities regarding the appointment. It is also an undisputed
fact that the formalities were completed by the petitioner, in furtherance of the letter dated
27.08.2018.

15. This Court has failed to understand that if at the time of issuing the letter on 27.08.2018,
the bank had considered the letter, in the sense, in which the same was written; what restrained to
proceed for appointment of the petitioner. This Court has also noticed the supplementary affidavit
submitted by the respondent bank, wherein it is apparent that the members of the Board of the
respondent bank, as per oral deliberation, have come to the conclusion that the petitioner is not
entitled for appointment, and in one line, the rejection order has been passed, which abundantly
makes it clear that there is non-application of mind, in passing the impugned order dated
19.09.2023, thus, the order impugned does not stand on its own leg.

16. The law rendered in case of Mohinder Singh Gill v. Chief Election Commissioner & Ors.
reported in (1978) 1 SCC 405 also covers the field of the present controversy.

17. Apart from above, the objective of promulgating of Rules, 1974 is with inherent object to
immediately help the family of the deceased government servant, from the financial distress and
therefore such claim of appointment may be considered in purview of the scope and object of the
rules. Infact, the rules provides for compassionate appointment. The word "compassion" is of far
reaching consequence, as according to Oxford Advanced Dictionary, compassion means "a strong
feeling of sympathy for those, who are suffering and are desire to help them". Further according to
the Chambers 20th Century Dictionary, compassion is "fellow-feeling, or sorrow for the sufferings
of others. The "compassion" cannot be considered in vacuum, as the same attracts and meant of
sympathy, kindness and soft feeling with human sentiments. Infact, it is highly rich customs and
traditions of the cultural heritage of India, which has been enshrined in Article 51-A(g) of the
1 All. Prahalad Vs. Union of India & Ors.
947
Constitution of India and therefore the authorities while considering appointment on compassionate
ground must look the very aim and object of the Rules, 1974, as the same can never be understood
unless the sentiment of sufferer is felt.

18. In view of the aforementioned submissions and discussions, the order dated 19.09.2023,
passed by the opposite party no. 2 is unsustainable, therefore it is hereby quashed.

19. Ergo the matter is remitted back to the opposite party no. 2, i.e. Chief Manager, Punjab
National Bank, HRD Section, Circle Office, Sitapur, to consider and decide the matter afresh,
taking into consideration the claim of the petitioner for appointment on compassionate ground, in
the light of the observations made above, within a period of eight weeks from the date a certified
copy of this order is produced before him.

20. With the aforesaid, the writ petition is hereby allowed.
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(2026) 1 ILRA 947
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 05.01.2026

BEFORE

THE HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

Writ A No. 9297 of 2023

Prahalad ...Petitioner
Versus
Union of India & Ors. ...Respondents

Issue for Consideration
(1) Permissibility of inflicting the second time penalty of reducing the MACP's benefit for the same charge,
regarding which earlier major penalty was inflicted.

Headnotes
(A) Service law - Disciplinary proceeding - Penalty - Reduction in MACP's benefit - Constable in
Railway Protection Force - Charge of theft of railway property was leveled - In criminal case
arising out of same charge viz. stealing one tin of mustard oil alongwith other constable, the
petitioner was acquitted - The tins of mustard oil were not recovered from the petitioner's
house, but from the house of co-accused, though allegedly on the pointing of the petitioner -
Trial court raised suspicion on the entire prosecution version and observed that both the accused
were falsely implicated by the witnesses due to prior enmity - No appeal was preferred against
acquittal - However, the disciplinary authority, after considering the inquiry report, found that
Constable Prahlad was guilty of committing theft of railway property and ultimately awarded the
punishment of withholding annual increments for 5 years with cumulative effect - Effect -
MACP's benefit in reduced pay level was also granted - Validity challenged. (E-1)
Held : The impugned penalties were inflicted upon an employee for the same misconduct. One penalty was
given in the year 2004 on culmination of the disciplinary inquiry against the employee, despite his acquittal in
criminal charges om relation to the same misconduct and the other penalty was given by the impugned
corrigendum letter dated 3/4/2023 without holding further inquiry a fresh for the proposed punishment by