Younger Brother’s Later Claim Doesn’t Bar Elder Son’s Compassionate-Job Challenge, Uttarakhand HC Sends Case For Merits Hearing

The appellant’s father, a Group-D employee of Bank of Baroda, died in service on 13 August 2016.

The appellant’s mother applied on his behalf for compassionate appointment; the Bank rejected the application on the ground that the family was not in a state of penury warranting such appointment.

The appellant’s younger brother later also sought compassionate appointment.

The Single Judge dismissed the appellant’s writ petition, reasoning that the brother’s request had been rejected and that the brother, rather than the appellant, should challenge that rejection.

The appellant appealed, contending that his brother’s separate application did not extinguish his right to challenge the rejection of his own application.

The Court applied the principle that siblings are separate individuals with independent rights and obligations; a younger sibling’s application for compassionate appointment does not, by itself, deprive the other sibling of the right to challenge the rejection of their own application.

The Court also distinguished between a rejection on merits and a rejection based merely on the prior rejection of another family member’s application.

The appellant’s application had been rejected on its merits, on the ground that the family was not living in penury, whereas the brother’s application had been rejected because the appellant’s request had already been turned down.

Since the brothers held independent rights, the brother’s later application did not bar the appellant from challenging the decision concerning his own application.

The Single Judge therefore erred in dismissing the writ petition on that basis.