PUNJAB NATIONAL BANK Vs. R LATHA

JUDGEMENT

(1.) THE writ appeal filed by the Punjab national Bank against the order passed by the learned single Judge in W. P. (MD) No. 4562 (sic) /2006 dated September 21, 2006 wherein, the learned single Judge after going through the material placed on record, has held that the respondent/writ petitioner's husband who was employed as cashier in the appellant/bank at sivakasi died in harness on December 29, 2003 leaving behind him wife and two minor children. The respondent/writ petitioner, who passed higher Secondary Examination, submitted her application for appointment on compassionate grounds in the year 2003 and consequently in August 2004 on September 13, 2004, the appellant/respondents requested the petitioner to appear for an interview on september 20, 2004 with all original certificates and the same were verified. After more than one year, i. e. , on December 7, 2005, the 2nd appellent/ 2nd respondent informed the respondent/writ petitioner that instead of compassionate appointment, the respondent/ writ petitioner will be paid ex gratia amount as per the circular issued by the 1st respondent/ 1st appellant dated January 7, 2005. Challenging the correctness of the order, the writ petition was filed.

(2.) THE appellants/respondents have filed their counter affidavit admitting the fact that the writ petitioner' s husband died on December 29, 2003 and further submitted that while conveying the condolences to the family of the deceased, advised the writ petitioner to avail the scheme and in response to the same, the writ petitioner submitted an application or 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 2nd appellant/2nd respondent's office to assess her suitability for compassionate appointment in the 1st appellant/1st respondent Bank in the clerical cadre.

(3.) THEREAFTER the matter was placed before the Competent Authority, the Head Office at new Delhi, who on examining the same, permitted the writ petitioner to be interviewed for the post of clerical cadre. Accordingly, the writ petitioner was called for the interview at the Regional Office at Trichy on September 30, 2004 and the evaluation sheet after the interview was forwarded to the Head office with other documents. It is the further case of the appellants/respondents that the Government of India, in the year 2001, issued a Circular stating that instead of providing compassionate appointment to the families of the deceased employees, the Bank may provide suitable monetary benefit/ ex gratia to the real indigent family of the deceased employee and the ministry of Finance, Government of India also directed the Indian Banks' Association by letter dated October 30, 2003 that the recruitment to the Public Sector Banks should be made on the basis of open advertisement and selection on merit and advised the Banks to formulate a model scheme for payment of monetary assistance instead of compassionate appointment, and advised the Banks to implement the same in all Public Sector Banks on uniform basis. The said letter was forwarded to the 1 st appellant/ 1 st respondent Bank and the board of Directors of the respondent Bank in its meeting held an October 29, 2004, implemented the scheme for providing ex gratia instead of providing compassionate appointment and it came into force on October 29, 2004.