DAMAN PARMANAND TEMBHURNIKAR Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) RULE. By consent, rule is made returnable forthwith.

(2.) HEARD the learned Advocate for the petitioner as well as the learned Senior Advocate for respondent No. 1 $ Union Bank of India.

(3.) THE petitioners are the widow and son of deceased Parmanand Tembhurnikar, who was serving as Clerk-cum-Cashier with the respondent-Bank from 10-3-1975 till he expired on 8-8-1999 while in the employment of the respondent-Bank. The petitioner filed an application for employment on 25-8-1999. Since no reply was received, petitioner No. 1 again applied on 13-12-2001 requesting that in the place of her husband, petitioner No. 2 may be employed. On 4-7-2003, on behalf of the respondent-Bank, certain queries were made as to whether the application was made within one year, what was the amount which was received upon the death of petitioner No. 1's husband and whether the Regional Office at Nagpur was contacted by the petitioners in this behalf. Requisite information was provided to the respondent-Bank. It seems that thereafter on 28-8-2003, petitioner No. 2 was called for an interview for being considered as Apprentice Trainee. On 10-9-2003, petitioner No. 1 was informed that since she had not applied within a year of the death of her husband, the application for appointment on compassionate grounds could not be considered. This was contested by petitioner No. 1 by informing the Bank that she had in fact applied within the stipulated period and that it was not her fault if the respondent-Bank had not forwarded the application to appropriate Officer. Since the petitioner's representation in this behalf as well as the notice eventually received a negative response on 15-7-2005, the petitioners approached this Court by filing this petition on 4-9-2006 praying for a direction to the respondents to consider the application of petitioner No. 1 for grant of appointment on compassionate grounds and for quashing and setting aside the adverse communications from the respondents.