Hon'ble Kashi Nath Pandey,J.
Heard Sri Satish Mandhyan, learned Counsel for the petitioner. Sri K.R.S. Jadaun appears for the respondent bank.
The petitioner's husband late Kaushal Kishore, died in harness while serving as Assistant Manager in the Central Bank of India, Agra Cantt. Branch, Agra on account of heart attack/brain hemorrhage. The deceased left behind the petitioner as widow aged about 41 years, two daughters Km. Garima Agarwal aged 13 years, Km. Sakshi Agarwal aged 6 years and one son Naman Agarwal aged 2 years at the time of death.
The petitioner applied for compassionate appointment on 03.02.2007. The bank vide its letter dated 22.02.2007 returned back the application on the ground that according to its policy, only ex-gratia payment is permissible. The petitioner thereafter, applied for ex-gratia payment on 15.09.2007. The bank rejected the application. The reasons given by the Chief Manager, Central Bank of India, Agra Cantt. Branch, Agra in his letter dated 07.01.2008, are as follows:-
"Application for Ex-gratia payment was not made, within stipulated limit of Six months from the date of death of the employee."
The petitioner filed a mercy appeal for grant of Ex-gratia payment which was also rejected by the Chief Manager of the respondent bank for the reasons:-
"After taking into consideration the full facts of the case, the competent authority expressed its inability to consider the proposal as the applicant did not submit application for ex-gratia payment in lieu of compassionate appointment within the stipulated period of six months from the death of deceased employee as per provision of the scheme."
Sri Satish Mandhyan, learned counsel for the petitioner submits that the petitioner had submitted the application for compassionate appointment with all the details, which are also required for the purposes of Ex-gratia payment. If according to the Policy of the bank, compassionate appointment was not permissible, her application should have been considered for Ex-gratia payment. The bank was not justified in returning the application, and thereafter, rejecting the same for ex-gratia payment on the ground that it has been filed beyond six months, which is not permissible under the Rules.
Sri K.R.S.Jadaun, learned Counsel for the bank states that the petitioner herself has admitted the delay of about three months in paragraph 10 of the writ petition and after stipulated period of six months from the date of death of the husband, the application could not be considered. He has relied upon the circular of the bank dated 16.06.2006, which provides for ex-gratia payment, provided the application is made within six months.
The petitioner has relied upon a judgment delivered in Civil Misc. Writ Petition No. 3413 of 2008 (Anita Malhotra Vs. Central Bank of India and another) by the Division Bench of Punjab and Haryana High Court at Chandigarh decided on 26th August, 2008. In this judgment, the Court held that if the application made for compassionate appointment is not admissible, it should have been treated by the bank as an application for ex-gratia payment. The respondents, as employer, should not raise objections to the application filed by a widow on technical grounds.
We are in respectful agreement with the reasons given by the Pubjab and Haryana High Court at Chandigarh.
In the present case, the petitioner has applied for compassionate appointment, giving full details of the family alongwith her qualifications, for getting the benefits received by her, on the death of her husband. If the bank had given up the policy of compassionate appointment and has substituted it with payment of Ex-gratia amount to the dependents of the deceased employees, the bank should have considered the same application for grant of ex-gratia payment to the dependents of the deceased employee.
The object of providing ex-gratia payment, is help the dependents of the deceased to tide over the financial crisis faced on the death of the bread earner. The bank as an employer is not supposed to raise technical pleas to reject the application for grant of benefits to the dependents of the deceased employees. The writ petition is allowed. The impugned orders dated 07.01.2008 and 30th December, 2008 passed by the Chief Manager, Central Bank of India, Agra Cantt. Branch, Agra are set aside. The Central Bank of India is directed to consider the petitioner's application for award of Ex-gratia payment, without raising any objection to the delay in making the application. If the application is made alongwith full particulars, within a month from today, it would be considered and decided by the bank in six weeks thereafter.
Order Date :- 2.4.2010 A. Verma