BANK OF BARODA Vs. BALJIT SINGH

JUDGEMENT

(1.) This appeal arises out of a judgment and decree passed by the High Court of Punjab and Haryana in RSA No.338 of 2011 dtd. 11/12/2015. By the said judgment, the High Court has set aside the judgment of the First Appellate Court dtd. 16/12/2009 passed in C.A. No.75 of 2008 and has restored the judgment of the Trial Court passed in Original Suit No.201 of 2005. Consequently, the relief sought for by the respondent in the suit, i.e., declaration and mandatory injunction vis-a-vis his appointment in the appellant-Bank on compassionate basis has been granted.

(2.) Briefly stated, the facts of the case are that the respondent's father who was working in the appellant-Bank, died in harness on 16/5/1999. As on that date, the appellant-Bank had a Scheme in place for appointment of dependents of the deceased employees on compassionate grounds which was issued on 18/8/1998.

(3.) It is the case of the respondent herein that on the death of the respondent's father in harness, his mother made an application for appointment of the respondent on compassionate grounds to the post of Peon under the 1998 Scheme. The said application for compassionate appointment was filed on 21/2/2000. During the pendency of the said application under consideration, the appellant-Bank announced another Scheme for appointment of the dependents of deceased employees on compassionate grounds on 10/3/2004. Be that as it may, four years subsequent to the death of his father, another representation on behalf of the Respondent was made to the appellant-Bank on 25/3/2004 in order to bring to the notice of the Bank the fact that he had completed his matriculation in March 2004. Subsequently, the Bank considered the application of the respondent and on 8/6/2004 rejected the same. Being aggrieved, the respondent filed the Original Suit seeking the relief of declaration and mandatory injunction against the Bank. In the said suit, the appellant-Bank filed its written statement and after trial, the learned Trial Judge decreed the suit and directed that the respondent be appointed on compassionate grounds.