VIKAS Vs. UCO BANK

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of communications dtd. 18/2/2022 (Annexure P-13) and 18/11/2021 (Annexure P-14) whereby the respondent has rejected his claim for compassionate appointment.

(2.) The father of the petitioner was working with respondent-UCO Bank as Head Cashier. He passed away on 22/3/2005 in harness. He was survived by his wife and five children. The five children included three girls and two boys. At that point of time, two girls were major and remaining children were minor. The wife of the deceased was a housewife. As per her little knowledge, she vide application dtd. 6/6/2005 requested the respondent for appointment on compassionate ground. The respondent vide communication dtd. 18/6/2005 directed her to apply in the prescribed format. In the said application, it was further advised that format may be filled in the name of Vikas i.e. son of the deceased. It is apt to mention here that Vikas at that point of time was 15 years old. The letter dtd. 18/6/2005 is reproduced as below :

(3.) As per petitioner, pursuant to said letter, they filed two applications both dtd. 20/7/2006. One application was filed in the name of Vikas i.e. son of the deceased and another in the name of wife i.e. Nirmala Devi. The application was accompanied with prescribed format. The petitioner pursued the matter with respondent, however there was no response. The petitioner served legal notice dtd. 23/12/2021 upon the respondents which came to be answered by communication dtd. 18/2/2022. In the reply, it was pointed out that the petitioner has not claimed for compassionate appointment within time, thus, claim of the petitioner cannot be considered. The respondent vide communication dtd. 18/11/2021 further formed an opinion that ex-gratia amount can be paid if application is filed within 06 months from the date of death of the employee. The application for compassionate appointment was submitted by Vikas on 22/7/2006 i.e. after the expiry of 17 months from the death of the employee.