V SUTTAKOTI Vs. CHIEF MANAGER SYNDICATE BANK

JUDGEMENT

(1.) PETITIONER is a person who is aggrieved by the action of the respondent-Syndicate Bank, wherein her husband had been employed and who died while in service, in not providing her the benefit of appointment on compassionate basis.

(2.) NOTICES have been issued to the respondents and they have entered appeared and are represented by counsel. Statement of objections has also been filed on behalf of the respondents.

(3.) SUBMISSION of Sri Radhesh Prabhu, learned counsel for the respondents is that as of now the bank does not have a scheme for appointment on compassionate basis in a situation where the employees died in harness but on the other hand, the bank has formulated a new scheme which is a scheme formulated in common with all other nationalized bank, under which effort is made to ensure that penury condition which affects the family of the deceased employee is avoided; that the scheme is in operation in terms of the Circular no. 042-2006-BC-GRD dated 13-2-2006, which is known as scheme for payment of lump sum ex gratia in lieu of appointment on compassionate grounds to the dependant of employee dying in service; that in accordance with the scheme, the respondent-bank had worked out the entitlement of the petitioner; that it has been found that as part of the terminal benefits, the petitioner will be receiving a total sum of rs. 1,91. 535. 88, which includes an LIC coverage payment of Rs. 1,16,000/-, pl encashment of Rs. 3,119. 88, employees provident fund of Rs. 17,646/-, additional gratuity of Rs. 27,153/- with a like sum of gratuity, and on such payment, which has actually been paid or distributed to the legal heir of the deceased employee i. e. the petitioner herein, the notional monthly income is worked out at Rs. 1,698. 78 and to this sum, 60% of the last drawn salary is added, which is at Rs. 2,000. 32 and this sum when capitalized worked out to a total sum of Rs. 4,64,074, which is worked out as entitlement of the family under the present scheme in addition to the amount of Rs. 1,91,535. 88 already released.