Court No. - 40
Case :- WRIT - A No. - 1075 of 2019 Petitioner :- Km. Priya Dhuriya Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Avinash Singh Chauhan,Virendra Singh Chauhan Counsel for Respondent :- C.S.C.,Pashupati Nath Tripathi
Hon'ble Dinesh Kumar Singh,J.
1. The petitioner's father who was employed with Allahabad Bank, Branch Jaspura, District Hamirpur died in harness on 13.04.2014. It appears that there is some dispute in respect of claim for compassionate appointment under the scheme of dying in harness.
2. Learned counsel for the respondent-Bank submits that the Bank does not have any problem in giving compassionate appointment to the dependent of the deceased employee. There is dispute between the family members. He, therefore, submits that if the petitioner produces succession certificate from the competent Court in her favour, the petitioner's case for compassionate appointment would be considered in accordance with Bank Scheme in this regard.
3. In view of the aforesaid statement of learned counsel for the respondent, learned counsel for the petitioner submits that the petitioner would like to approach competent Court for obtaining succession certificate in her favour and once succession certificate is obtained, she would approach the bank for deciding her claim as early as possible.
4. I have considered the submissions of the learned counsel for the petitioner as well as learned counsel for the respondent. Unless and until dispute is settled between the family members that who has to claim the compassionate appointment being the dependent of the deceased employee, the Bank has rightly not entertained the application of the petitioner.
5. In view of the aforesaid the present petition is dismissed with liberty to the petitioner to approach the competent Court for obtaining succession certificate. If the succession certificate is issued in favour of the petitioner, she may approach the Bank for her compassionate appointment and thereafter, the Bank will consider her compassionate appointment under dying in harness scheme expeditiously.
Order Date :- 22.1.2019 prateek