AMIT TRIPATHI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned Standing Counsel and perused the record.

(2.) THE present writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 13.2.2005 passed by respondent no.3 (annexure 5 to the writ petition) Deputy General Manager, State Bank of India, Personnel & H.R.D. Section, Main Branch, Kanpur rejecting the application dated 11.2.2005 and 18.2.2005 for appointment of the petitioner under dying- in-harness rule.

(3.) LEARNED counsel for the petitioner submitted that when father of the petitioner no.1 expired in the year 2004 an application was given on 17.11.2004 at that time scheme dated 1.1.1979 was applicable, which was amended from time to time for appointment on compassionate ground. There was no request for payment of ex-gratia lump sum amount on the basis of subsequent scheme dated 4.8.2005. Hence the impugned order, which is non speaking order, is liable to be set aside. He relied the judgment of the Apex Court reported in 2007(9)SCC 571, State Bank of India and other Vs. Jaspal Kaur.