SUSHMA YADAV Vs. STATE BANK OF INDORE

JUDGEMENT

(1.) BY this petition filed under Article 226/227 of the constitution of India, the petitioner is seeking directions to the first respondent state Bank of Indore to appoint her on the post of Peon on compassionate grounds.

(2.) BRIEFLY stated the petitioner's husband Late Dinesh Kumar Yadav was working on the post of Peon at Mhow Branch of the first respondent Bank. On account of serious charges of commission of fraud and misappropriation of funds, he was placed under suspension by the first respondent Bank vide order dated 08. 08. 1997 (Annexure P-1 ). However, before any action could be taken against him, he died on 27. 08. 1997 due to commission of suicide.

(3.) ON accounts of his death in harness the petitioner (wife) submitted an application dated 14. 10. 1997 (Annexure P-2) before the first respondent seeking her compassionate appointment. Since no decision was taken on the said application she filed a Writ Petition No. 326/2003 before this Court alleging inaction on the part of the respondents in not deciding her application. The said writ petition was disposed of by this Court vide order dated 06. 05. 2004 directing the respondents to consider her case in accordance with the Circular dated 17. 02. 1999 as also the circulars for such appointments issued from time to time. In compliance of the said order the petitioner's case was considered and she was informed vide letter dated 28. 05. 2004 (Annexure P-4) that her request for compassionate appointment has been examined and the same has been declined by the competent authority. Feeling aggrieved the petitioner filed a writ petition No. 1694/2004 (s) before this court which was decided vide order dated 25. 02. 2005 with a direction to the first respondent to pass a reasoned order on the petitioner's application for compassionate appointment after giving opportunity of personal hearing to her.