SUMAN LATA YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner assails the policy/circulars, by which compassionate appointment can be denied to the Legal Heir because the deceased employee was punished in Disciplinary Inquiry during his employment. The Policy/ circular are assailed as arbitrary and based on extraneous factors. On the moral plain, it is urged that "Sins of parents should not re-visit the descendant" to deny the benefit of compassionate appointment. It is urged that the parent having gone through the ordeal in his/ her life time it amounts to punishment twice over.

(2.) The facts, giving rise to the petition are:- Petitioner a widow of D.S. Yadav, former employee of respondent no.2 Punjab National Bank, applied on 16.3.2001, for being employed on compassionate grounds, following the death of her husband. Late D.S. Yadav had expired on 28.2.2001. Respondent no.2 vide its letter dated 7.10.2003 simply declined the request without recording any reasons.

(3.) Petitioner filed a writ petition CW NO.8967/2003. Notice was issued in the writ petition and counter affidavit was filed. Respondent no.2 in the counter affidavit disclosed that on account of disciplinary proceedings and the punishment meted out to the deceased, the petitioner's request for compassionate appointment did not meet the approval of the bank.