Court No. - 36
Case :- WRIT - A No. - 12627 of 2019 Petitioner :- Manish Ranjan Respondent :- Allahabad Bank Head Office Kolkatta And 2 Others Counsel for Petitioner :- Anubhav Chandra Counsel for Respondent :- Pashupati Nath Tripathi
Hon'ble Mrs. Sunita Agarwal,J.
The petitioner seeks compassionate appointment claiming to be elder brother of the deceased employee namely Ashwani Kumar Sinha.
Submission is that the his elder brother and his old aged parents were residing together when Ashwani Kumar Sinha was got married. Even after marriage, the petitioner was dependent on his elder brother who was the only bread earner of the family.
With reference to a reply received by the petitioner under R.T.I. Act, he submits that as per the detail of dependents provided by the deceased employee in the bank during his service period, the old aged parents, sister and younger brother (the petitioner herein) were shown dependents of the deceased employee.
In the year 2012 after marriage, the name of dependents given by the deceased employee also included the petitioner and old parents.
Further, the mother of the petitioner gave an application on 28.9.2015 certifying that the deceased employee was the sole bread earner of the family and all of them were dependent on him, requested for appointment under Dying-in-Harness Rules to be given to the petitioner.
With all these material on record, it is contended by learned counsel for the petitioner that the claim of the petitioner, elder brother of the deceased employee, being dependent on him cannot be ignored or rejected.
The submission is that the dependency is the main factor for consideration of claim of a person seeking compassionate appointment.
Apart from the old parents and the petitioner, no one else is there to claim the said appointment. Moreover, old parents of the deceased employee, who were dependent on him have been left without any source of income. As the petitioner herein is still unemployed and was wholly dependent on the deceased when he was in service, he is pressing his claim for compassionate appointment.
Considering all the averments made in the writ petition (as noted above), this Court is of the considered view that the claim of compassionate appointment of the petitioner made in the year 2015 is required to be processed by the respondent no. 2 namely the Chief Manager, Zonal Office, Allahabad Bank, Gorakhpur, taking into consideration of the observations made hereinabove, considering requirement of the rules relating to compassionate appointment.
An expeditious decision shall be taken by passing a reasoned and speaking order, preferably, within a period of two months from the date of submission of certified copy of this order, under due intimation to the petitioner.
Subject to the above observations and directions, the writ petition is disposed of.
Order Date :- 22.8.2019 Brijesh