RAJ KUMAR Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE dispute in this case relates to appointment on compassionate ground. THE father of the petitioner late Sri Devi Prasad was working on the post of Messenger-cum-Driver in the State Bank of India at Haldi Branch, Pant Nagar, District Udham Singh Nagar, who died in harness on 25. 8. 1999. Wife of the deceased moved an application for appointment of his son Sri Raj Kumar, the peti tioner, on compassionate ground. THE request for appointment of the peti tioner on compassionate ground was turned down by the Bank vide its let ter dated 4th May, 2000 reiterated by the letter dated 15th January, 2002, Annexure 1 to the writ petition and counter affidavit respectively. THE compassionate appointment to the pe titioner has been denied on the ground of blemished service record of the deceased, good financial condition of the family and on being overage of the petitioner.

(2.) A perusal of the letter dated 4. 5. 2000 (Annexure 1 to the writ peti tion) reveals that the maximum age limit prescribed for appointment on compassionate ground is 28 years. Undisputedly, petitioner was 31 years old when the application for appoint ment on compassionate ground was moved. A copy of the Scheme for Ap pointment on Compassionate Ground for Dependents of Deceased Employ ees/employees Retired on Medical Grounds has been filed on the record by the petitioner as well as by the re spondent bank. Sub-clause (iv) of clause (e)'of Rule 6 of the said Scheme empowers the Managing Director to re lax the upper age limit up to a maxi mum of five years where no dependent within the prescribed age limit is available for employment. The mother of the petitioner vide her letter dated 25. 7. 2001 (Annexure 3 to the writ pe tition) had informed the bank authorities that the petitioner was the only suitable candidate for the employment, narrating all the circumstances in the said letter in support of her assertion. It was sufficient for the concerned authority to have re laxed the upper age limit.

(3.) NO order as to costs. .