In Brief
A bank employee died in 2004, leaving a widow and minor children. The family initially received gratuity benefits (net Rs.2,99,672) and a monthly pension. Subsequently, the son sought compassionate employment. The High Court granted Rs.2 lakh ex gratia relief. The Supreme Court reversed this, holding that the 1979 scheme applicable on the date of death was the only relevant benchmark. Since the family had already opted for gratuity, they were statutorily precluded from claiming compassionate appointment under that same scheme. The surviving spouse's own employment income exceeded prescribed thresholds, further disqualifying them. The Court held that sympathy cannot override scheme terms and that courts cannot judicially modify statutory requirements."
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