L VENKATACHALAM Vs. UNITED COMMERCIAL BANK

JUDGEMENT

(1.) THE petitioner is the second son of Mr. C.T.Lakshmanan, who was employed in the respondent bank. Since Mr. C.T.Lakshmanan was suffering from parkinson disease, he submitted an application to the respondent bank on 16.08.1996, seeking voluntary retirement from the services of the bank and also requesting to give appointment to his second son on compassionate grounds. THE bank, by letter dated 02.06.1997 while accepting the voluntary retirement of the father of the petitioner, rejected the request for appointment on compassionate grounds, quoting the financial condition, as well as the fact that his other dependent son was gainfully employed. Aggrieved by the said proceedings, the petitioner has filed this writ petition for Writ of Certiorarified Mandamus to quash the said proceedings and also for a direction to the respondents to give employment to the petitioner.

(2.) CLAUSE 5(x) of the Scheme provides for appointment of Dependants of deceased employees of the respondent bank on compassionate grounds, which is reproduced hereunder:

(3.) IN view of the fact that the management has failed to consider the said aspect, I am inclined to quash the impugned order and permit the petitioner to make a detailed representation to the management within a period of 30 days from the date of receipt of a copy of this order. The management, on receipt of the said representation shall take appropriate decision, of course after taking into consideration the spirit of the provisions relating to the appointment on compassionate grounds, as early as possible, in any event within a period of 12 weeks from the date of receipt of the representation.