RAJANSHEKARA KAKUNJE Vs. STATE BANK OF MYSORE

JUDGEMENT

(1.) PETITIONER being aggrieved by the impugned communication dated llth October 2001 issued by third respondent vide annexure-F, has presented the instant writ petition. Further, petitioner has sought for a declaration, declaring tke same as unjust, arbitrary discriminatory and contrary to law laid down by the Hon'ble Supreme court in the case of Balbir Kaur and Another Vs. Steel Authority of India, reported in 2000 SCC (L and S) page. 767. Petitioner has also sought for a direction, directing the respondents to reconsider the case of the petitioner for appointment as 'clerk' on compassionate grounds.

(2.) THE grievance of the petitioner in the instant writ petition is that, petitioner is the legally wedded husband of late Smt. B. Devaki, who was working as Clerk in the Udupi Branch of the respondents-State Bank of mysore (hereinafter referred to as "bank" ). While she was in service of respondents-Bank, she died on 1st April 1999 leaving behind the petitioner as the only legal heir. The respondents-Bank have settled the terminal benefits payable to her account in favour of petitioner. The further case of petitioner is that, he is not employed in any organisation and he has no other source of income and that, he has passed S. S. L. C. Examination. When things stood thus, petitioner came to know that, the respondents-Bank have introduced a Scheme for providing compassionate appointment in respect of the deceased family to tide over the financial burden. Accordingly, he has filed the application before the respondents-Bank to appoint him under the said Scheme introduced by respondents-Bank for providing compassionate appointment to enable him to tide over the financial crises due to the death of bread winner. The said application was considered by the Committee constituted under the said Scheme and thereafter, they have sent a recommendation, recommending the case of petitioner stating that, he may be posted to the Hally, Mysore Branch, as there exists acute shortage of clerical hands vide their communication dated 4th September 1999 vide Annexure-C. The petitioner has been interviewed by the Committee consisting of three members. The respondents-Bank, instead of considering the said recommendation dated 4th September 1999 issued by the respondents' Personnel Department, zonal Office, Mysore to the respondents' Deputy General Manager, personnel and HRD Department, Head Office, Bangalore, the Assistant general Manager of Personnel and HRD has sent a Note to the Deputy general Manager, Mysore Zone dated llth September 2001 vide Annexure-Estating that, 'on a perusal of the details of assets-and liabilities of the family of the above deceased, we do not find a destitute condition in the family. " The Manger of the respondents Bank at Udupi Branch, in turn, has issued the impugned communication dated llth October 2001 vide annexure-F stating that, the said branch Office is informed by their Head office that the application of the petitioner for appointment on compassionate grounds cannot be considered since the Bank does not find a destitute condition in his family and has expressed their inability to consider the request of petitioner for appointment in the respondents -Bank on compassionate grounds. Being aggrieved by the impugned communication dated llth October 2001 vide Annexure-F, petitioner felt necessitated to present the instant writ petition seeking appropriate relief as stated supra.

(3.) I have heard learned Counsel appearing for petitioner and learned counsel appearing for respondents-Bank.