LATHA R Vs. PUNJAB NATIONAL BANK NEW DELHI

JUDGEMENT

(1.) IN this writ petition petitioner seeks to quash Clause 9. 6 of the Circular No. 235 dated january 7, 2005 of the first respondent and to direct the second respondent to appoint her in the place of her deceased husband on compassionate ground.

(2.) THE brief facts necessary for disposal of this writ petition as stated in the affidavit in support of the writ petition are that the petitioner is the widow of one G. Ravichandran, who was employed as Cashier in the first respondent Bank at Sivakasi. He died on December 29, 2003 leaving behind his family consisting of his wife and two minor children in indigent circumstance. Petitioner has passed higher secondary examinations. The second respondent advised the petitioner to submit an application in the regular format for appointment on compassionate ground in the year 2003 and consequently the petitioner submitted an application in August, 2004. On september 13, 2004, the respondent requested the petitioner to appear for an interview on september 20, 2004 with all original certificates. Petitioner produced all the certificates and the same were verified. After more than one year, i. e, on December 7, 2005 the second respondent informed that instead of compassionate appointment, petitioner will be paid ex-gratia amount as per the circular issued by the first respondent dated January 7, 2005. The said order is challenged in this writ petition.

(3.) (a) Respondents have filed counter affidavit wherein it is stated that on the date of the death of the petitioner's husband on december 29, 2003, there existed a scheme for compassionate appointment to the dependants of the employees, who died while in service and also to the dependants of the employees, who retired on medical grounds. The scheme was communicated to the second respondent bank through circular letter No. 6/97 dated march 20, 1997 and according to the terms of the scheme, the bank while conveying the condolences to the family of the deceased employee on December 30, 2003, advised the petitioner to avail the scheme and in response to the same, petitioner submitted an application on January 7, 2004 and the same was forwarded to the Zonal Office at Chennai by the Regional office at Trichy on June 14, 2004 and the same was submitted to the Head Office at New Delhi seeking permission to call for the petitioner for interview by the second respondent Office to assess her suitability for compassionate appointment in the respondent Bank in clerical cadre. The matter was placed before the competent authority, the Head Office at New delhi, who on examining the same permitted the petitioner to be interviewed for the post of clerical cadre. Accordingly, the petitioner was called for an interview at the Regional Office, trichy on September 20, 2004 and the evaluation sheet after the interview was forwarded to the Head Office with other documents.