ZONAL MANAGER STATE BANK OF HYDERABAD Vs. SAILEELA

JUDGEMENT

(1.) The appeal assails the Judgement of the learned single Judge, allowing the case of the respondent claiming compassionate appointment in the State Bank of Hyderabad, after the death of her husband, an Ascota MacInne Operator, on 4-3-1986. The respondent applied for a clerical post on 22-12-1986. On 31-5-1988, she was referred to the Branch Manager, R.P.Road Branch, for consideration of her claim. On 10-1-1989, me Zonal Manager, State Bank of Hyderabad, communicated that her request cannot be considered for administrative reasons. On Rule Nisi being issued, the stand taken in the counter affidavit was that the deceased husband of the respondent had committed fraud resulting in financial loss to the Bank to the tune of Rs. 1,26,700/-, that a criminal case has been registered against the deceased in Crime No.213/85 on 7-12-1985 and that before any action could be taken, he died In Circular dt 7-2- 1983, guidelines have been issued with regard to appointment on compassionate grounds, according to wInch the petitioner could not be given the appointment. It was averred that, however, the terminal benefits on account of the death, have already been paid

(2.) In the reply affidavit, the respondent denied the involvement of her husband in the culpable activities (alleged against her husband) and claimed that since she has been paid the gratuity, provident fund and also the salary for the suspension period of her husband, she could not be denied the rehabilitation by way of employment on compassionate grounds.

(3.) The learned Judge rejected the contention of the Bank that the respondent was disentitled to receive the benefit on account of the supposed misconduct of her husband and took the view that any such guilt of the deceased has been established - either in departmental proceedings or by a competent court of the land and hence, it could not be said that he was guilty of any mis-conduct or fraudulent conduct. The scheme of compassionate appointment has been introduced as a social welfere measure. The spouse or the cInldren of a deceased employee are entitled to appointment commensurate to their qualification. Taking such view, he allowed the writ petition.