O.V. DEVAKI Vs. CHIEF GENERAL MANAGER

JUDGEMENT

(1.) Petitioner, who is the widow of late Sri.T.C.Krishnan, who died while working as Deputy Manager in the State Bank of Travancore, is claiming compassionate appointment.

(2.) Petitioner's husband died on 11.11.2010 due to cardiac arrest, at the age of 44 years, while working as Deputy Manager in the Manathavady branch of the State Bank of Travancore. Petitioner submitted Ext.P1 application for compassionate employment on 03.01.2011, pointing out the hardship faced on account of the death of her husband. Thereafter she approached this Court in W.P. (C).No.17913 of 2012, which was disposed of directing the Bank to consider her application. By Ext.P3 letter her request was rejected, stating that compassionate appointment scheme was abolished in 2006 in tune with the Government of India guidelines and that a new scheme for ex-gratia payment was introduced in 2006 and a revised scheme for compassionate appointment was introduced in 2011 but the benefit of compassionate appointment is limited to the legal heirs of employees who died while performing official duty, that too as a result of violence, terrorism, robbery or dacoity and employee dying within five years of his first appointment or before reaching the age of 30 years whichever is later. In Ext.P3 it was also stated that the petitioner has not raised any claim on the basis of new guidelines so as to consider her case under the new scheme. It was also stated that if she submits application for ex-gratia payment, it would be considered on merits. Even though Ext.P3 order was issued as early as on 10.10.2012, petitioner did not submit any application for ex-gratia payment. She challenges Ext.P3 order and claims appointment on compassionate grounds, pointing out that she continues to be in penury.

(3.) Respondents have filed a statement pointing out that the scheme for compassionate employment was prevalent in the bank on the basis of circular issued on 31.10.1998. In 2006 a new scheme for payment of ex-gratia lumpsum amount was introduced in lieu of appointment on compassionate grounds. Thereafter Ext.R1(b) scheme was introduced as per circular dated 04.08.2011, providing for compassionate appointment to the dependants of those whose death occurred in exceptional circumstances mentioned therein; it is stated that petitioner's case does not come under any of those circumstances. It is also stated that in 2015 Ext.R1(c) circular was issued for continuing the scheme for compassionate appointment in exceptional circumstances along with scheme for payment of ex-gratia lumpsum in lieu of compassionate appointment. But that scheme came into force only from 05.08.2014. It is stated that as per the prevailing Scheme compassionate employment is available only if the employee died while performing official duty as a result of violence, terrorism, robbery or dacoity or if the employee dies within five years of his first appointment or before reaching the age of 30 years whichever is later; petitioner's case can only be considered for payment of ex-gratia lumpsum payment in accordance with the merits of the claim as stated in Ext.P3.