INDRA KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Ashish Kumar Srivastava, learned counsel appearing for the respondents.

(2.) The father of the petitioner was working as a Class-IV employee with respondent-bank and died in harness on 11.9.1998. The mother of the petitioner made a request on 12.11.1998 for compassionate appointment. The matter was kept pending on one pretext or the other and no decision was taken, however, the petitioner received a letter on 3.2.2005 directing him to appear for interview on 14.2.2005 and by letter dated 30.7.2005 the petitioner was given an option either to accept Rs. 9,50,000/- towards ex-gratia payment or compassionate appointment. The petitioner by his letter dated 19.11.2010 requested for compassionate appointment in lieu of compensation but no decision was taken on petitioner's application. Aggrieved the petitioner approached the Court by filing the present writ petition. In the meantime, the bank scraped the scheme for compassionate appointment and formulated a scheme for payment of ex-gratia amount in lieu of appointment on compassionate ground which came into force w.e.f. 18th December, 2004 and as such the petitioner's claim was not considered for compassionate appointment.

(3.) The submission of the learned counsel for the petitioner is that despite the scheme coming into force the respondents had invited the petitioner for interview and had also given him an option either to opt for compassionate appointment or for compensation. Hence on the principle of legitimate expectation the petitioner is entitled for compassionate appointment. In support of his submission learned counsel for the petitioner relied upon State Bank of India and another vs. Raj Kumar, 2010 11 SCC 661].