KUNAL PATHAK Vs. VIJAYA BANK

JUDGEMENT

(1.) THE petitioner, assailing the correctness of the impugned communication dated 31-10-1994 vide Annexure-B, in so far as it sates that, keeping open the offer of appointment is subject to fulfilling the terms and conditions of the scheme prevailing on the said date; the communication dated 17-9-2005 vide annexure-H and the communication dated 24-12-2005 vide Annexure-K all issued by the respondent/bank has presented this writ petition. Further, petitioner has sought to direct the respondent/bank to appoint the petitioner in clerical cadre on compassionate ground in accordance with the Scheme as notified by codified Circular No. 29/93 dated 27-3-1993 vide Annexure-A.

(2.) THE case of the petitioner in the instant writ petition is that, petitioner is the son of deceased Sri Sanjeev pathak, who was the employee of the respondent-Bank and who died while he was in service in the accident on 14th April 1994, leaving behind the petitioner as his only legal representative since his mother and sisters have died in the said accident. The respondent-bank has notified the scheme for Appointment on compassionate Grounds by Codified circular bearing No. 29/1993 dated 27-3-1993 vide Annexure-A. Clause-3 and 4 of the said Scheme deals with the cases of minors. The petitioner was a minor as on the date of the death of his father-Sri Sanjeev Pathak. The father of the petitioner along with petitioner's mother and two sisters has died in the accident leaving behind the petitioner who was a minor at that time as sole surviving member of the family. It is the further ease of the petitioner that, he has filed an application for appointment on compassionate grounds before the respondent-Bank, on account of the death of his father as per the Scheme dated 27th March 1993 which is existence as on that date. In pursuance of the application filed by petitioner, the jurisdictional competent authority of the respondent-Bank after obtaining permission from the Board of directors of the Bank has accorded the request of the petitioner on 31-10-1994 vide Annexure-B, wherein it is specifically stated that, the Bank has considered the request of the petitioner to keep open the offer of appointment of the petitioner-Kunal pathak son of late Sanjeev Pathak, clerk, Code No. 11087, Jaipur Branch, on his attaining the age of majority i. e. , on 27-8-2005 subject to fulfilling the terms and conditions of the scheme prevailing on the said date. When the petitioner has attained the age of majority, he has submitted his detailed representation to the respondent-Bank seeking appointment on compassionate grounds on 24-8-2005 vide annexure-G. Instead of considering the request of the petitioner in the light of the decision taken by the board of Directors of the respondent-Bank vide Annexure-B dated 31-10-1994, the competent authority of the respondent-bank has rejected the same, vide Annexure-H dated 17-9-2005 stating that there is no scheme for providing employment on compassionate grounds and therefore they are unable to consider his request. Further, it is stated therein that, a scheme has been introduced for Payment of exgratia/relief in lieu of Appointment on compassionate Grounds to the dependents of the deceased employee and enclosed th. e necessary forms. There after, petitioner has made another request for appointment on compassionate grounds on 10-12-2005 vide Annexure-J. The same has also been rejected by the respondent-Bank vide communication dated 24-12-2005 vide Annexure-K. Being aggrieved by the impugned communications vide Annexures-H and k as referred above and seeking appropriate relief as stated supra, petitioner felt necessitated to present this writ petition.

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