BECHAN GIRI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against an order dtd. 20/1/2020, declining an application by the petitioner's mother seeking compassionate appointment for him on ground of his father's death in harness.

(2.) The facts giving rise to this petition are that the petitioner's father was employed as an office assistant in Baroda U.P. Bank, earlier known as the Purvanchal Bank. The said bank shall hereinafter be called 'the Bank'. The petitioner's father was last posted at Branch Kadamtar, District Ballia. He died in harness on 8th of October, 2018. The petitioner's mother moved an application seeking compassionate appointment for him, the petitioner being the eldest son of the deceased. The application was made to the General Manager of the Bank on 18/4/2019 accompanied by the deceased employee's death certificate dtd. 2/11/2018. The Assistant General Manager of the Bank by the order impugned dtd. 20/1/2020 communicated the Bank's decision declining to consider the petitioner's case on ground that the dying in harness scheme became effective in the Bank w.e.f. 15/3/2019, whereas the petitioner's father had expired prior to 15/3/2019.

(3.) The petitioner has also challenged a circular dtd. 28/3/2019 issued by the Head Office of the Bank, explaining the operation of the scheme for compassionate appointment in terms that the provision in the scheme that claims, 'in case of death occurring five years earlier can be considered', does not mean that the scheme would have retrospective operation. In other words, the circular issued by the Head Office impugned, clarifies that in cases of death of employees in harness that have happened before the scheme was enforced, the right to a consideration for compassionate appointment is not there.