SHYAM SINGH Vs. ALLAHABAD BANK

JUDGEMENT

(1.) This petition has been filed for quashing of the order dated 19.4.2000 and 8.5.2001 passed by the respondents and for further direction to the respondents to provide appointment to the petitioner under Dying-in-Harness Rule as Class IV employees.

(2.) I have heard Sri Ram Sheel Sharma, learned Counsel for the petitioner and Sri Himanshu Tiwari learned Counsel representing the respondents bank.

(3.) The facts giving rise to this petition are that the mother of the petitioner was appointed as Class IV employee on 12.6.1976. After completing about 8 years she was regularized on the post of IVth Class employee on 9.4.1984 and she died-in-harness on 19.1.1998. The petitioner after taking no objection from the other heirs of Smt. Gulab Devi applied for being giving appointment on compassionate basis. The said request of the petitioner for appointment on compassionate ground was declined vide order dated 19.4.2000 which is filed as Annexure-9 to the petition. The present petition was filed for quashing the order dated 19.4.2000 and for direction to give appointment on compassionate basis. This Court vide order dated 19.2.2001 while issuing notices to the respondents also granted liberty to the petitioner to make a fresh representation to the respondents No. 2 and directed him to pass speaking order on the said representation disclosing the ground on which the application of the petitioner had been rejected. The respondent No. 2 by order dated 8.5.2001 passed speaking order, which was subsequently challenged by means of amendment. Reasons given in the said order dated 8.5.2001 are as follows: