SUDHA SHARMA Vs. ORIENTAL BANK OF COMMERCE

JUDGEMENT

(1.) WE have heard the learned counsel for the petitioner and perused the paper - book.

(2.) LEARNED counsel for the petitioner submits that the husband of the petitioner, who was working with the respondents -Bank died in a road accident on 1.5.2005. After his death, the petitioner has been sanctioned family pension in the amount of Rs. 2329+DA. Thereafter, she made an application that appointment on compassionate grounds be given to any one of her three sons. On 22.10.2005, the petitioner was informed by the Bank that the scheme for appointment on compassionate grounds has been superseded by a scheme for payment of ex gratia amount in lieu of appointment on compassionate grounds w.e.f. 4.3.2005. She was advised that her claim for appointment on compassionate grounds will be considered under the revised scheme. The petitioner has been denied the benefit of ex gratia compensation as well as the appointment on compassionate grounds since the income of the family of the deceased husband was more than 60% of the last pay drawn by the deceased. Learned counsel for the petitioner does not deny that on the death of the husband of the petitioner, the petitioner has received a total amount of Rs. 5,56,938.85 -14,311.85 = 5,42,567.00. The amounts paid to the petitioner and the income of the family are as under : -

(3.) AS noticed above, the claim for ex gratia payment has been rejected as the income of the family from all sources is more than 60% of the last drawn salary (net of taxes) of the deceased employee. Learned counsel for the petitioner, however, submits that the aforesaid amount cannot be taken into consideration by the respondents while considering the claim of the petitioner as the petitioner was entitled to receive the same as statutory dues.