PUNJAB NATIONAL BANK Vs. ASHWINI KUMAR TANEJA

JUDGEMENT

(1.) Leave granted.

(2.) Punjab National Bank, (hereinafter referred to as the employer) calls in question legality of the judgment by a Division Bench of the Rajasthan High Court at Jodhpur affirming the order passed by the learned Single Judge holding that the respondent herein is entitled to be appointed on compassionate grounds.

(3.) Background facts in a nutshell are as follows:- Respondents father died on 3-12-1999 while working as a class IV employee of the employer-Bank leaving behind him, his mother-widow, two sons and one daughter. On 5-1-2000, the widow of the deceased-employee made a representation to the Bank on behalf of her elder son, (respondent herein) for employment on compassionate grounds. The request was turned down on 10-3-2000 and 17-3-2000 on the ground that there was no financial hardship to the family of the deceased and they had received substantial amounts after the death of the respondents father. A writ petition was filed by the respondent before the Rajasthan High Court. By order dated 19th August, 2003, the Writ Petition was allowed with a direction to forthwith consider the case of respondent herein for compassionate appointment and provide him suitable job. The order was challenged in Letters Patent Appeal. By the impugned judgment the same was dismissed. It was held that retiral benefits received by the heirs of the deceased employee cannot be made a ground for rejecting application for compassionate appointment.