R. KALAIVANI Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) The petitioner's husband, while serving as a Messenger in the respondent bank for more than 20 years, died on 7/12/2007. To the request of the petitioner for compassionate appointment, the first respondent herein had rejected on 10/9/2008 on the ground that there is no scheme for compassionate appointment. Thereafter, the petitioner made an application dtd. 18/7/2010 for Ex-gratia since compassionate appointment was declined. When this request for Ex-gratia was rejected by the respondent on 20/6/2011 the same was challenged before this Court together with the rejection order dtd. 10/9/2008, rejecting the petitioner's claim for compassionate appointment. This Court, by order dtd. 10/9/2014 had held that when the bank knew that there was no scheme for compassionate appointment when the petitioner made an application on 12/2/2008, the application itself ought to have been treated as an application for claiming Ex-gratia and proceeded further.

(2.) In this background, the order rejecting the claim for Ex-gratia was set aside and the petitioner was directed to provide necessary particulars for processing the Ex-gratia payment. In this background, Ex-gratia payment came to be sanctioned on 31/7/2015. The petitioner now seeks for interest on the belated payment of Ex-gratia.

(3.) The earlier order of this Court in WP No.21584 of 2012 dtd. 10/9/2008 has not been challenged and the same has become final. The effect of the order passed by this Court on 10/9/2014 was that the application made by the petitioner on 12/2/2008 was directed to treated as an application for Ex-gratia. The relevant portion of the orders read as follows:-