RAN VIJAY SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Sri J.P. Singh, framed counsel for the petitioners and Sri Vivek Ratan, learned Counsel appearing for the respondents Bank.

(2.) BY this writ petition the petitioner have prayed for quashing the orders dated 15.9.2003 and 16.10.2003 Annexures V and VI to the writ petition communicating the petitioner No. 2 that the application of the petitioner for compassionate appointment has not been accepted and the Bank has decided to give a lump sum amount of Rs. 3,09,000/ - in lieu thereof. A mandamus has also been sought directing the respondents to consider the claim of the petitioner No. 1 for compassionate appointment in the light of earlier scheme regarding compassionate appointment.

(3.) SRI J.P. Singh learned Counsel for the petitioners challenging the decision of the Bank submitted that the petitioner No. 1 was fully entitled for compassionate appointment. He submits that the petitioner's father having died much before implementation of new scheme dated 30.5.2003, petitioner's case was liable to be considered on the basis of earlier scheme dated 17.2.1997 and new scheme was not required to be applied in petitioner's case. He further submits that while rejecting the claim of the petitioner for compassionate appointment the Bank has relied on the terminal benefits consequent to the death of the petitioner's father which is not permissible. Reliance has been placed by the learned Counsel for the petitioners on two judgments of the apex Court namely, 2000 (3) E.S.C. 1618 (S.C.) Balbir Kaur and Anr., etc. v. Steel Authority of India Ltd. and Ors.; (2005) 10 Supreme Court Cases 289 Govlnd Prakash Verma v. Life Insurance Corporation of India and Ors. Reliance has also been placed on judgments of this Court reported in 2001 (2) E.S.C. (All.) 876 State Bank of India and Ors. v. Ram Plyarey; 2003 (2) E.S.C. (AII.)960 Smt. Padma Pathak v. Managing Director. Pubjab National Bank. New Delhi and Anr.; 2004 (4) E.S.C. (All.)2358 Chief General Manager, State Bank of India and Ors. v. Duraesh Kumar Tlwari; 2004 (3) E.S.C. (All.)1642 Ashutosh Mishra v. Union Bank of India and Ors. and a judgment of this Court reported in 2005 (1) E.S.C. (All.) 134 Mritunjay Mishra v. Chief General Manager, State Bank of India. Lucknow and Anr.