MUNNI DEVI Vs. ORIENTAL BANK OF COMMERCE

JUDGEMENT

(1.) The present petition is filed by the petitioner herein seeking issuance of directions to the respondent bank for payment of compensation to the petitioner for causing harassment and mental torture to her for 13 years and for payment of litigation expenses to her to the tune of Rs.55,000, and for appointment of the younger son of the petitioner, Sh.Rakesh Namdev, on compassionate grounds with the respondent bank.

(2.) Brief facts of the case are that Shri Jai Prakash Namdev, son of the petitioner, who was working with the respondent bank as a peon at its Bhopal office on a temporary basis, was confirmed in service on 2.8.1993, and he continued to work with the respondent bank till September, 1994. On 10.10.1994, a police complaint was lodged stating that Sh. Namdev was missing and a case was registered. A writ petition was filed by the petitioner herein before this Court being W.P.(C) NO. 161/2007 wherein vide order dated 5.2.2007, the respondent bank was directed to pay the petitioner, gratuity, provident fund and pay as admissible along with interest in respect of Sh. Namdev and it was further directed that the prayer of the petitioner for grant of compassionate appointment to her younger son Sh. Rakesh Namdev be considered by the respondent bank. Accordingly, the respondent bank forwarded a sum of Rs.477.60 to the petitioner on account of the provident fund dues of her son, with interest, accrued thereon, under cover of letter dated 17.2.2007 and also disposed of her representation for grant of compassionate appointment to her younger son by rejecting the same on the ground that for the present, there exists no scheme in the bank for providing employment on compassionate grounds. Aggrieved by the aforesaid order of the respondent bank, the petitioner has preferred this writ petition.

(3.) Counsel for the petitioner stated that the family of the petitioner is living in extremely penurious conditions and that the dues paid to her on account of gratuity, provident fund etc. was a very meager sum, and insufficient for the sustenance of the family of the petitioner, which makes the case of her younger son, fit for appointment on compassionate grounds.