Karnataka: High Court asks bank to reconsider woman's compassionate appointment plea

Karnataka HC has further directed the petitioner to file an undertaking before the bank that she would take care of the mother during her lifetime if offered an appointment on compassionate grounds.

Bengaluru, DHNS: The Karnataka high court has directed a co-operative bank in Sirsi, Uttara Kannada district, to consider the representation of a woman requesting an appointment on compassionate grounds. The court passed the order considering the condition of the family.

“This case forms a classic illustration to issue direction to consider the case of the petitioner for appointment on compassionate grounds as there is no impediment in law to deny such appointment to the petitioner, as the family even today, is driven by impecuniosities and is not in a position that can be described as beyond ‘hand-to-mouth’,” Justice M Nagaprasanna said.

The court has further directed the petitioner to file an undertaking before the bank that she would take care of the mother during her lifetime if offered an appointment on compassionate grounds.

The petitioner Veena’s father Venkatesh Shet was working as an attendee in the Kanara District Central Co-operative Bank Limited and died in harness in 2007, after serving for 32 years.

After repeated representations by Venkatesh’s wife, the bank appointed Veena as an attender on a contractual basis. Veena had approached the high court when the contract was not extended after February 25, 2021. The court had issued a direction to the bank to consider her representation. 

Veena again moved the high court after the bank rejected the 2022 representation on the ground that she is a married daughter and married daughters would not fit into the definition of ‘dependents’.

The bank heavily relied upon Rule 30 of the Service Rules of the bank which permits appointment on compassionate grounds only to the son or an unmarried daughter of a deceased employee.

Justice Nagaprasanna noted that in the Bhuvaneshwari V Puranik case, the high court had held the relevant Rule in the Karnataka Cooperative Societies Rules of excluding married daughters for compassionate appointment, as unconstitutional. The court said that the state government has amended the Rules in compliance with the order passed by the high court.

“In that light, the denial of appointment of the petitioner on compassionate grounds on the fact that she is a married daughter on the face of it is arbitrary and illegal. Therefore, the said reason is unsustainable. It is high time the respondents (bank) amend the Rules in tune with the law,” the court said.