CHAITANYA GODAVARI GRAMEENA BANK Vs. K. RAVI KUMARI

JUDGEMENT

(1.) This intra-Court appeal is presented against the order, dtd. 21/8/2013 in W.P.No.1588 of 2009. Writ Petition was filed seeking to issue Writ of Mandamus declaring the action of the appellant/respondent in directing to submit succession certificate and to get a direction from the appropriate authority to get the benefit of compassionate appointment in its letter dtd. 16/7/2007 and immediately directing the respondent/writ petitioner to apply for payment of ex-gratia in lieu of compassionate appointment by its letter dtd. 27/7/2007 as illegal and arbitrary. The learned Single Judge set aside the order, dtd. 27/7/2007 passed by Chairman of appellant bank and further directed the appellant bank to consider the request of the writ petitioner to appoint her on compassionate grounds as Sweeper-cum-Messenger.

(2.) Brief facts germane to consider the issue are narrated as follows: The husband of the writ petitioner, K. Sudhakar, former Branch Manager of Chaitanya Godavari Grameena Bank (hereinafter referred to as 'bank') died in harness on 29/5/2006 leaving behind the writ petitioner (wife), and two children through his first wife i.e. one daughter and one son. After the death of the first wife, said Sudhakar married writ petitioner and they have no issues out of their wedlock. The writ petitioner passed eight class and in view of the death of her husband, she made an application on 1/6/2007 to the authorities seeking appointment on compassionate grounds as Sweeper-cum-Messenger. The bank authorities addressed a letter, dtd. 16/7/2007 directing the writ petitioner to submit succession certificate and to get direction from the appropriate authority to get benefit from the bank. By letter No.099/3/G/28, dtd. 27/7/2007, the Chairman of the bank informed the writ petitioner that her request for appointment as Sweeper-cum-Messenger in the bank on compassionate grounds could not be considered in the light of the new scheme i.e. payment of ex-gratia in lieu of appointment on compassionate grounds. Aggrieved by the same, the writ petitioner filed the writ petition. Learned Single Judge allowed the writ petition by order, dtd. 21/8/2013.

(3.) The above intra-Court appeal was filed with a delay of 269 days and the same was condoned by Division Bench of composite High Court of Andhra Pradesh at Hyderabad by order, dtd. 19/11/2014. The Division Bench by order, dtd. 17/7/2014 passed in W.A.M.P.No.2279 of 2014 granted interim suspension.