Court No. - 39
Case :- WRIT - A No. - 20961 of 2019 Petitioner :- Mrs. Babli Devi And Another Respondent :- Executive Director, Bank Of Baroda Mumbai And 2 Others Counsel for Petitioner :- Ankur Agarwal Counsel for Respondent :- Anadi Krishna Narayana
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 15.1.2019, whereby prayer made by petitioner no.1 for grant of compassionate appointment to respondent no.2 has been rejected. Order impugned records that spouse of deceased employee i.e. petitioner no.1 is already employed in the bank and is drawing salary at Rs.23,726/- and also receiving family pension of Rs.11,226/-. It is also recorded that two other sons are also doing private job. In such circumstances, application made for grant of compassionate appointment to petitioner no.2 has been rejected.
Learned counsel for the petitioner submits that financial condition of petitioners' family has not been properly considered. Reliance is placed upon a judgment of the Apex Court in the case of Canara Bank and others vs. M. Mahesh Kumar and others, (2015) 7 SCC 41.
Petition is opposed by Sri Sandeep Kumar Singh, learned counsel for the respondent Bank.
Admittedly, spouse of the deceased employee is already employed and she is also receiving family pension and in such circumstances it cannot be said that family is in penury. The finding returned in the order impugned that petitioners' family does not seen to be indigent and does not require immediate assistance is clearly based on materials existing on record and cannot be said to be perverse. The judgment of the Apex Court in the case of Canara Bank and others vs. M. Mahesh and others (supra) will have no applicability in the facts of the present.
In view of the above, this Court finds that no interference is required with the order impugned. Writ petition is, accordingly, dismissed.
Order Date :- 19.12.2019 Ashok Kr.