GENERAL MANAGER Vs. KUNTI TIWARY

JUDGEMENT

(1.) Leave granted.

(2.) Respondent 1 is the widow and Respondent 2 is the son of K.N.Tiwary, an erstwhile employee of State Bank of India. K.N. Tiwary died while in harness on 16-1-1998. About a month after his death Respondent 1 applied to the appellant for appointment of Respondent 2 in the appellant's services by way of compassionate appointment. The Branch Manager wrote to Respondent 1 saying that the application had been registered and that a fresh proposal should be made when Respondent 2, who was a minor then, attained majority. Respondent 2 attained majority on 25-2-2000 and the application for compassionate appointment was revived. The Deputy General Manager of the zone where the late K.N. Tiwary was working, recommended Respondent 2's case for compassionate appointment and the recommendation contained a footnote in the printed format for appointment on compassionate grounds. The printed format inter alia indicated the details regarding the deceased employee, the terminal benefits, immovable property, investments and liabilities as well as pension paid. The provident fund which was received by Respondent 1 on the death of the late K.N. Tiwary was Rs 3,33,410 (Rupees three lakhs thirty-three thousand and four hundred and ten). She also received gratuity of Rs 1,73,987 and amount of Rs 1,01,344 byway of leave encashment. The application form also shows that Respondent 1 owned house of an area of 3000 square feet in Sasaram district which was valued at Rs 4.70 lakhs (approximately). As far as investments were concerned, there was an investment of total amount of Rs 66,000 in share certificates of SBI, National Saving Certificates and Unit Trust of India Bonds. On the liabilities side, it was shown that there was a housing loan which had been taken as well as festival advance and a consumer loan. The pension which was paid to the respondent was Rs 5583 inclusive of the dearness allowance. The heirs of the late K.N. Tiwary were his widow, his two sons (including R-2) and a daughter.

(3.) In this background the recommendation of the Deputy General Manager was: