ZONAL MANAGER STATE BANK OF HYDERABAD Vs. SAILEELA

JUDGEMENT

(1.) (The Court delivered the Judgment per) The appeal assails the Judgment 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 Machine Operator, on 4-3-1986.Therespondentappliedforaclericalposton22-12-1986.On31-5-1988, she was referred to the Branch Manager, R.P.Road Branch, for consideration of her claim. On 10-1-1989, the 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 7-12-1985and 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 which 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 sup posed misconduct of her husband and took the view that any such guilt of the deceased has not 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 misconduct or fraudulent conduct. The scheme of compassionate appointment has been in troduced as a social welfare measure. The spouse or the children of a deceased employee are entitled to appointment commensurate to their qualification. Taking such view, he allowed the writ petition.