BASMATI DEVI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) HEARD Mr. H.G.S. Parihar, learned Counsel for the petitioner and Mr. Sudeep Seth, learned Counsel for the respondents. By means of the present writ petition, the petitioner has prayed for issuing a writ of mandamus commanding the opposite parties particularly opposite party No. 3 to give appointment to the petitioner on compassionate ground on any suitable post ignoring the family pension, post retiral benefits and assets of the family of the deceased, The petitioner has also prayed for quashing the order dated 19.11.2002 passed by the Branch Manager, Region -IV Zonal Office Gorakhpur, whereby the petitioner's request for compassionate appointment has been rejected on the ground that the retiral dues of the deceased employee is Rs. 5.2 lacs and the family pension is Rs. 3900/ - per month as well as monthly relief from MVVS is Rs. 375/ - is being paid to the family of the deceased employee. Thus including family pension and relief from MVVS and interest on investments, the family of the deceased is getting Rs. 7499/ - per month.

(2.) ON the strength of the decision of Hon'bie Supreme Court rendered in the case of Shri Umesh Kumar Nagpal v. State of Haryana and Ors. : 1994 (68) FLR 1191 (SC), by taking into account the facts of the monthly income of the family of the deceased,. the competent authority has rejected the claim of the petitioner for providing htm employment on compassionate ground.

(3.) THE petitioner submits that the benefit of the compassionate appointment which is permissible under the scheme framed by the Bank cannot be denied on the ground of payment of retiral benefits of the employee and family pension etc.