Governing Scheme To Consider Applications For Compassionate Appointment: SC Refers To Larger Bench [Read Order]

Which scheme would apply to applications seeking compassionate appointments when the original scheme under which appointment on compassionate grounds could be made, was substituted by one under which only ex gratia payment would be made over to the dependants? In this case, before the application seeking compassionate appointment was considered, the bank approved a scheme for payment of ex-gratia lumpsum amount in lieu of compassionate appointment vide its scheme circulated on 04.08.2005. In StateBank of India and another vs. Raj Kumar, a two judge bench of the Supreme Court held that, where the earlier scheme is abolished and the new scheme which replaces it specifically provides that all pending applications will be considered only in terms of the new scheme, then the new scheme alone will apply. Relying on the above judgment, another two judge bench of the Apex Court, in MGB Gramin Bank vs. Chakrawarti Singh, observed that a candidate cannot claim that his case is to be considered as per the scheme existing on the date the cause of action had arisen i.e. death of the incumbent on the post On the other hand, the applicant relied on Canara vs. M. Mahesh Kumar, in which the apex court had upheld a High Court judgment that had directed the employer bank to consider the application seeking compassionate appointment as per the Scheme then in existence.