RADHEY SHYAM YADAV Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The learned Single Judge has dismissed a petition seeking compassionate appointment. The deceased employee, Ram Adhar Singh Yadav, was a Guard in the State Bank of India who died in harness on 14 January 2001. His widow submitted an application on 28 March 2001 for appointment of the appellant on compassionate grounds. The appellant also made an application on 26 August 2002. The request was rejected by the Chief Manager on 25 March 2003.

(2.) In response to the petition under Article 226 of the Constitution, the Bank filed an affidavit stating that the family of the deceased employee had been paid Provident Fund amount of Rs. 1.35 lacs, Gratuity of Rs. 0.59 lacs and family pension of Rs. 1634/- was also being paid.

(3.) The Scheme of the State Bank of India at the material time required determination of the financial condition of the family after due consideration of the terminal dues including family pension, gratuity and provident fund. The Supreme Court in Punjab National Bank v. Ashwani Kumar Taneja, 2004 7 SCC 265 and Union Bank of India and Ors. v. M.T. Latheeh,2006 7 SCC 35, also held that retiral benefits are liable to be taken into account while dealing with a prayer for compassionate appointment. This was also the view which was taken by the Supreme Court in General Manager (D & PB) v. Kunti Tiwari, 2004 7 SCC 271.