PRAKASH PATTNAIK Vs. CHAIRMAN PUNJAB NATIONAL BANK

JUDGEMENT

(1.) This writ petition has been filed challenging the inaction of the opposite parties in not considering the application of the petitioner for appointment on compassionate ground in spite of several representations. The case of the petitioner as detailed in the writ petition, is that his father, namely, Prafulla Ch. Pattnaik, while working as Junior Manager Scale-I, under the opposite parties-Bank, died on 25.9.2000, clue to chronic renal failure, after prolonged treatment. As the father of the petitioner was the only bread-earner of the family and the family had no other source of income, the petitioner submitted application dated 1.12.2000 in the prescribed format, for employment on compassionate ground, as per Annexure-3 to the writ petition. The grievance of the petitioner is that inspire of repeated representations, the opposite parties Bank have not provided employment to him on compassionate ground. It is the further case of the petitioner that in the case of a similarly situated employee of the Bank, namely, Mahesh Mallick, who also died in the year 2000, the Bank has provided appointment to his wife on compassionate ground since 27.2.2004. Accordingly, a prayer has been made to direct the opposite parties-Bank to provide compassionate appointment to the petitioner within a stipulated period.

(2.) The opposite parties-Bank have filed a counter-affidavit stating therein that the Government of India, Ministry of Finance, Banking Division, has formulated a Scheme for employment on compassionate ground, as contained in letter No. 18/139/95-IR, dated 7th August, 1996, which is applicable to all the public sector Banks. The object of the said Scheme is to consider compassionate employment to the dependants of an employee dying in harness, leaving his family without any means of livelihood. The Scheme, inter alia, provides that in making assessment of the financial condition of the family, which is an important criterion for determining the eligibility to compassionate appointment, the following factors are required to be taken into consideration:

(3.) It is stated in the counter-affidavit that the Bank authorities considered the application of the petitioner dated 1.12.2000 for compassionate appointment, as per the provisions of the Scheme and as the family of the deceased-employee had received Rs. 6.20 lakhs as terminal dues after adjustment of Bank loans and the family also has received an amount of Rs. 3.57 lakhs on account of other investments and the family owns residential accommodation besides a piece of land, the application of the petitioner for appointment on compassionate ground was declined, which was duly intimated to the petitioner vide letter of the Bank dated 23.7.2001, as per Annexure A/1 to the counter-affidavit. It is stated that suppressing the said fact, the present writ petition has been filed after lapse of more than six years.