JYOTI PATNAIK Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioner has made prayer to declare the action of the opposite parties who represent State Bank of India in rejecting the petitioner's claim for extending the benefit of ex-gratia compensation to be illegal, arbitrary, mala fide and contrary to the provisions of the relevant scheme; and to direct the opposite parties to pay ex-gratia amount immediately.

(2.) Petitioner's husband late Purna Chandra Patnaik while working as Senior Assistant in the State Bank of India, Koraput Branch died in harness on 25.1.2004 leaving behind his wife-the petitioner, and two daughters. In accordance with the provisions of the scheme prevailing during that period, the petitioner filed application dated 14.6.2004 for compassionate appointment.

(3.) Petitioner's case is that when the application for compassionate appointment was still pending consideration, State Bank of India introduced a new scheme in the name and style of 'The Scheme for Payment of Ex-Gratia Lump sum Amount in lieu of appointment on Compassionate Grounds in State Bank of India' with effect from 4.8.2005 under Circular Letter of the Bank dated 9.8.2005 at Annexure-4. In accordance with the provision in the Circular to the effect that applications pending under the Compassionate Appointment Scheme as on 4.8.2005 would be dealt with in accordance with the new scheme for payment of ex-gratia lump sum amount, petitioner's application was duly forwarded to the Regional Manager by letter dated 30.1.2006 at Annexure-5 to the rejoinder filed by the petitioner to the counter affidavit filed on behalf of the opposite parties. Having not received any communication from the Bank, the petitioner submitted representation on 17.10.2007. Thereafter, the petitioner received letter dated 10.1.2008 at Annexure-1 which reads as follows: