This writ petition has been filed challenging the order 3.5.2006 passed by the Branch Manager, State Bank of India, Branch Sahatwar, Ballia.
The brief facts of the case, in brief, are that the father of the petitioner was working as a messenger (Class IV employee) in the State Bank of India, Branch Sahatwar, Ballia. He died while still in service on 18.5.2003. On 5.1.2004 an application has been submitted by the wife of the deceased for giving employment on compassionate ground to her son i.e. the petitioner. The case of the petitioner has, however, been rejected by the order dated 3.5.2006 on the ground that ex gratia lump sump amount has been paid to the petitioner and, therefore, it is not possible to consider the case of the petitioner for appointment on compassionate ground.
I have heard Sri Manoj Singh Rathaur, learned counsel appearing for the petitioner. List has been revised. No one appears for respondents no.1 and 2 although counter affidavit has been filed by Sri A.P.Singh.
The case of the petitioner is that his father late Vijay Pratap Singh died while still in service in the State Bank of India, Branch Sahatwar, Ballia on 18.5.2003. The petitioner's mother submitted an application to the respondent for giving appointment on compassionate grounds to the petitioner but the application has been rejected by the impugned order dated 3.5.2006 on the ground that since ex gratia lump sum amount has been paid to the family of the deceased,therefore, no case is made out for appointment on compassionate ground.
In my opinion, the reasons for rejecting the case of the petitioner for consideration of appointment on compassionate ground is not only ridiculous but also ludicrous besides being wholly inconceivable. It is not the case of the respondents that there is no scheme for considering dependants of deceased employees for appointment on compassionate grounds but this is no ground that merely because ex gratia lump sump amount has been paid, therefore, the petitioner is not entitled for appointment on compassionate ground.
For reasons stated above, the impugned order dated 3.5.2006 is quashed. The writ petition is allowed and the matter is remitted back to the respondent no.1, Assistant General Manager, State Bank of India, Zonal Office Cantonment, Varanasi to reconsider the case of the petitioner for appointment on compassionate ground and if there is otherwise no other impediment to the appointment of the petitioner, necessary orders will be passed by the concerned respondent for issuing the appointment letter to the petitioner. This exercise shall be carried out by the respondent no.1within a period of one month from the date a certified copy of this order is received in his office.
Order Date :- 25.5.2012 Asha