MITHUN SINGHA ALIAS SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) One Prabhat Kumar Singha of Jiagunj in the district of Murshidabad died in harness on July 22,1996 while working as security guard in State Bank of India, Jiagunj Branch. Due to such untimely death the family consisting of the widow and children including the petitioner being the younger son suffered acute financial hardship. The elder son, however, was living separately. On September 2,1996 the petitioner/appellant approached the State Bank of India by making an application for consideration of his prayer for employment in compassionate ground. The petitioner read upto class VIII and he was then eligible for consideration in a Group - D post. On December 26,1996 the concerned branch manager wrote to the higher authority of the Bank recommending the case of the appellant. In the said letter it was pointed out by the concerned branch manager that the deceased employee left him surviving his widow, one unmarried daughter, one lunatic son, the petitioner being the other son who was also unemployed. It was, however, pointed out that the eldest son was residing at Calcutta separately. The branch manager asked the higher authority "to consider the case sympathetically so that one idle member of the deceased family may get job in order to provide with economic support to the family". A reminder in the nature of recommendation from the concerned branch was again sent on September 7, 2000 along with a fresh application signed by the petitioner/appellant. The widow of the deceased by a separate letter of the said date also requested the bank to consider the prayer for compassionate appointment. The widow also by a separate letter informed the Bank that the post death benefit received by the family was spent for payment of loan and there had been further loan outstanding and the family did not have any means of livelihood. The other children of the deceased employee by a separate letter also gave their consent in favour of the petitioner/appellant. The eldest son also informed the Bank that he had been residing separately and he had no objection if the appellant was given to the writ petitioner/appellant. By a letter dated 18th December, 2000 the Assistant General Manager of the concerned region asked for further papers from the concerned branch for consideration. The Branch Manager by his letter dated 16" February, 2001 again wrote to the regional office informing them that the application for compassionate appointment was made immediately on the death of the concerned employee and requested the regional office to consider the application "favourably" in view of the "distress condition "of the family.

(2.) By a letter dated March 2, 2001 the regional office rejected the prayer of the petitioner. The content of the said letter is as follows :-

(3.) From the aforesaid content it appears that the Bank did not assign any reason whatsoever while rejecting the prayer for compassionate appointment. The unfortunate wicbw again wrote to the Bank for reconsideration by her letter dated April 2, 2001 ..There was no response. Her Advocate wrote to the Bank making a similar prayer on February 14, 2003. Such prayer was also declined by the Bank by their letter dated March 7, 2003, the content of which is quoted below: -