SUMAN TIWARI Vs. PUNJAB NATIONAL BANK AND OTHERS

JUDGEMENT

(1.) Heard the Learned Counsel for the petitioner and the learned Counsel for opposite party Nos. 1 to 4.

(2.) By means of instant writ petition, the petitioner has challenged the order dated 14.10.2013 passed by the General Manager, Punjab National Bank, Personnel Administration Division, Head Office, New Delhi (opposite party No. 2), whereby the claim of the petitioner for appointment on compassionate ground has been rejected. The petitioner, inter-alia has sought for a direction to the respondents to give employment to petitioner in Class-III/ Clerical Grade in the Bank on compassionate grounds as per modified Scheme dated 03.11.2007 H.R.D circular No. 433.

(3.) Submission of learned Counsel for the petitioner is that the husband of petitioner, namely, Shiv Narain Tiwari, who was employed as Clerk/ Cashier (Head) at Branch Astikan Faizabad, died on 01.04.2009 in a road accident leaving behind the petitioner (wife), mother and five years old minor son. It has also been submitted that at the time of death, the husband of the petitioner was only 26 years old. The petitioner, who is graduate, applied for appointment on compassionate ground on a Class-III post vide application dated 22.04.2009. The claim of the petitioner was rejected vide order dated 13.02.2010 on the ground that the petitioner's qualification is not commensurate with the recruitment policy of the Bank. While rejecting the claim, petitioner was offered appointment on Class-IV post but she requested the opposite parties to give employment in Class-III because she is graduate and eligible for the said post. The petitioner again moved an application on 26.07.2013 before the opposite parties and when no decision was taken, she filed a Writ Petition No. 5161 of 2013, which was disposed of vide order dated 10.09.2013 with a direction to opposite party No. 1 (Bank) to consider and decide the representation of the petitioner dated 26.07.2013 by speaking and reasoned order. In compliance of the order dated 10.09.2013, the General Manager, Punjab National Bank has decided the representation of the petitioner vide impugned order dated 14.10.2013 denying the compassionate appointment on the ground that the petitioner is not found eligible for employment on compassionate grounds, however, she can submit application for grant of financial assistance under the revised scheme for payment of ex gratia (lump sum amount) in lieu of employment on compassionate ground for consideration by the competent authority.