CHANDRAWALI DEVI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) R. B. Misra, J. Heard Sri S. C. Tiwari, learned counsel for the petitioner and Sri Vipin Sinha, learned counsel for the respondents. In this petition prayer has been made for issuance of writ of certiorari to quash the order dated 6-9- 1999 passed by Branch Manager, State Bank of India, Branch Office Machhli Shahar, Jaunpur with a further prayer for issuance of mandamus commanding the respondents to provide a suitable job to the Class-IV in place of her husband who died on 29-5-1998.

(2.) ACCORDING to the petitioner after the death of her husband, late Sri Mohan Lal Gupta while working as Watchman Cash Coolie in State Bank of India, Branch Office, Machhli Shahar Jaunpur died on 25-9-1998 leaving behind the petitioner who received the following amount after the death of her husband as below:

(3.) ACCORDING to the respondents scheme for appointment on compassionate grounds for dependants of deceased employees retired on medical grounds which have taken into consideration for determining the financial condition of the family is below: Appointment in the public services are made strictly on the basis of open invitation of applications and merit. However, exceptions are made in favour of dependants of employees dying in harness and leaving their family in penury and without any means of livelihood. Determining the financial condition of the family is, therefore, an important criterion for deciding the proposal for compassionate appointment. The following factors should be taken into account of determining the financial condition of the family: (i) Family pension. (ii) Gratuity amount received. (iii) Employee's/employer's contribution to Provident Fund. (iv) Any compensation paid by the Bank or its Welfare Fund. (v) Proceeds of LIC Policies and other investments of the deceased employee. (vi) Income of family from other sources. (vii) Income of other family members from employment, or otherwise. (viii) Size of the family and liabilities, if any. The scheme itself contains certain factors (Clause '1' of the scheme) which have to be taken into account for determining the financial condition of the family. The request of the petitioner has been rejected on the ground that financial condition is not indigent.