VIJAY LAXMI SRIVASTAVA Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Sri Shailendra, learned counsel for the petitioner and Sri R. B. Sahai, learned counsel appearing for the respondents.

(2.) A widow having six minor children at the time of death of her husband, who was working as a Cashier in the Baroda Eastern Uttar Pradesh Gramin Bank (hereinafter referred to as the Bank), has knocked the doors of this Court by means of the present writ petition seeking compassionate appointment for herself in the light of the relevant scheme which was prevalent in the Bank in the year 2004 at the relevant time that is on 26.10.2004 when she sought such appointment by submitting an application.

(3.) IT has been brought to the notice of the Court by the learned counsel for the Bank that as per provisions of the new scheme the application for compassionate appointment, if any pending, on the effective date shall be dealt with in accordance with the new scheme spelt out in the resolution of the Board dated 6.12.2006. The petitioner, thus, shall be entitled for a financial package instead of a compassionate appointment as sought by her under the old scheme. Learned counsel for the Bank has placed reliance on judgments in Life Insurance Corporation of India v. Mrs. Asha Ramchandra Ambedkar and another, AIR 1994 SC 2148 ; Abhimanyu Ratan Bhardwaj v. State of U. P. and others, 2006 (1) ADJ 440 (All-DB) and Mishri Lal and others v. Union of India and others, 2006 (1) ADJ 443 (All) : 2006 (5) AWC 4403 (DB) and the judgment rendered by a Division Bench of this Court on 1.10.2O04 in Special Appeal No. 840 (D) of 2004, Vidhyavrat Rajpoot v. Mukhya Vittiya Adhikari Zila Parishad, Indira Bhawan, U. P. Lucknow and others, copies of which have been annexed alongwith the counter-affidavit, in support of his case.