STATE BANK OF INDIA Vs. SHEO SHANKAR TEWARI

JUDGEMENT

(1.) The father of the respondent was working with the petitioner-bank and while in service died on 11.11.2004. A request was made for appointment on compassionate grounds by the respondent on 03.03.2005. As on that date, compassionate appointment could be granted to the dependents of employees dying in harness. However, instructions were issued by the Government of India, Ministry of Finance on 14.07.2004 to frame an appropriate scheme for payment of monetary assistance in lieu of compassionate appointment. Vide its communication dated 31.07.2004 the IBA (Indian Banks' Association) had advised the banks to frame their own schemes based on said model.

(2.) Before the application of the respondent could be considered, the petitioner-bank formally approved a scheme for payment of ex-gratia lumpsum amount in lieu of compassionate appointment vide its scheme circulated on 04.08.2005. The relevant clause namely Clause 15(vi) provided:- "With effect from the date the "SBI Scheme for payment of ex-gratia lumpsum amount" comes into force the bank's scheme of compassionate appointments shall be deemed abolished/withdrawn and no request for compassionate appointment shall be entertained or considered by the bank under any circumstance."

(3.) According to the petitioner-bank, the application of the respondent for compassionate appointment could not therefore be considered. The challenge to the action on part of the bank by way of Writ Petition was accepted by the Single Judge and the Division Bench of the High Court which decisions are presently in appeal.