C UMAMAHESWARI Vs. VIJAYA BANK

JUDGEMENT

(1.) THE petitioner, assailing the correctness of the impugned communication dated 10th September, 2001 bearing No. PER-HRD:rct:c:7872-2001 vide Annexure-G and the order dated 20th April 2005 bearing no. PER:hrd:rct: 1428: 2005 vide Annex-ure L, both issued by respondent, has presented this writ petition. Further, petitioner has sought for a direction to the respondent to consider the case of the petitioner and grant her appointment as Clerk or Typist or any equivalent post strictly in accordance with the scheme notified by the Bank by Circular No. 31/1999 dated 11-2-1999 vide Annexure-D and grant ail consequential benefits.

(2.) THE case of the petitioner in the instant writ petition is that, petitioner's husband Sri c. Srinivasulu Was working as Sv/eeper in the respondent-Bank and he died in harness while in employment on 19-3-2001. On account of the death of her husband Sri. C. Shrinivasulu, petitioner has filed an application for appointment on compassionate grounds as per the then existing Scheme dated 11-2-1999 vide circular No. 31/1991 regarding appointment on compassionate ground to a member of the employee dying in harness and under the said scheme the appointment were to be made in clerical or subordinate staff cadre. Further, it is the case of the petitioner that, her husband died on 19-3-2002 leaving behind him, petitioner and two minor children. Thereafter petitioner has submitted her application on 16-5-2001 seeking appointment for self on compassionate grounds on account of the death of her husband and the same was duly registered by the Bank as 16/01 dated 26-5-2001. Instead of considering the request of the petitioner for appointment on compassionate grounds, respondent-Bank has issued the communication dated 10th September, 2001 vide annexure-G, intimating the petitioner that, the existing Scheme for appointment on Compassionate grounds is under Revision and as and when the existing scheme is revised, the case of the petitioner will be examined and she will be informed of the decision. Thereafter, petitioner has submitted two more representations/ requests seeking an appointment on compassionate grounds. Instead of considering her request as per the existing Scheme for appointment on Compassionate Grounds, the respondent-bank has rejected the request of the petitioner on an untenable ground and issued the impugned communication dated 20th april 2005 vide Annexure-L informing the petitioner that, there is no scheme for providing employment on compassionate grounds and as such, they are unable to consider the request of the petitioner. Further it is stated that, the Bank has formulated a scheme providing for ex gratia/relief in lieu of appointment on compassionate grounds and if petitioner is interested she can submit her application. Being aggrieved by the impugned communications issued by respondent-Bank, as referred above and seeking appropriate relief, petitioner felt necessitated to present this writ petition.

(3.) I have heard learned counsel appearing for petitioner.