SHATUPPAL L PATIL Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) PETITIONER, questioning the correctness of the impugned communication dated 19th March 2005 bearing No. BELG/2004-05 vide annexure-E issued by fourth respondent (stated as 'first respondent' in writ petition), has presented the instant writ petition. Further, petitioner has sought for a direction, directing the respondents to consider and to appoint the petitioner on compassionate grounds in the respondent-Central bank of India forthwith.

(2.) THE grievance of petitioner in the instant writ petition is that, petitioner's father, late Sri Laxman Patil was working as full time 'safai karmachari' at Belgaum Branch of the first respondent-Central Bank of india (herein after called 'bank' ). While the petitioner's father was in service, he died on 4th April 2004 leaving behind the petitioner, wife and three daughters and widow mother. In the light of the scheme of the respondent-Bank for appointment of dependents of deceased employee on compassionate grounds, petitioner's mother has filed the application/ representation seeking appointment on compassionate grounds to her son, through proper channel on 2nd September 2004. After perusal of the application filed by petitioner's mother, the Zonal Manger of the Regional office, Hubli, Belgaum branch, has forwarded the recommendation for appointment of the petitioner on compassionate ground, taking into consideration the total number of family members and the liability and specifically stated that, as per the ingredients of the scheme for appointment of dependents of a deceased employee on compassionate grounds, the financial condition of the family of petitioner is very poor, by his recommendation dated 9th November 2004 vide Annexure-D to the deputy General Manager (PRS), Central Office, Mumbai. Without considering the said recommendation forwarded by the Zonal Manager of the Regional Office, Hubli, Belgaum Branch for appointment of petitioner on compassionate appointment, the request of petitioner has been rejected by the Central Office, stating that, the financial condition of the family of the petitioner is not that of indigence in nature and therefore, as per the government/iba guidelines, employment cannot be provided to the dependent of the deceased employee of the Bank by the impugned communication issued by the Senior Manager, Central Bank of India on 19th March 2005 vide Annexure-E. Being aggrieved by the impugned communication vide Annexure-E, as referred above, and seeking appropriate reliefs, petitioner herein felt necessitated to present the instant writ petition.

(3.) THE principal submission canvassed by learned Counsel for petitioner is that, the impugned communication issued by fourth respondent cannot be sustained for the reason that, no valid and cogent reasons as such are assigned by the said authority for rejecting the case of petitioner for appointment on compassionate grounds. Secondly, he contended that, the Zonal Manager of the Regional Office, Hubli, Belgaum branch has forwarded the recommendation for appointment of petitioner on compassionate grounds and that, the said recommendation is neither considered nor referred in the communication. Further, he submitted that, the Zonal Manager of Belgaum Branch, after thorough evaluation of the pensionary benefits of the deceased father of the petitioner and his liabilities, has specifically observed and recorded the finding that, the financial condition of the family of petitioner is very poor and that, petitioner is the only male member in the family of the deceased and since he has passed SSLC in March 2001, the said authority has recommended the case of petitioner for a post in clerical cadre in the Bank favourably. The said aspect of the matter has not at all been looked into nor considered nor any decision is taken as per the existing scheme governing the appointment of dependents of deceased employee on compassionate grounds. Therefore, he submitted that, the impugned communication issued by fourth respondent cannot be sustained and the same is liable to be set aside.