PARVEEN KUMAR CHOPRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is plaintiff's second appeal directed against the judgment of the learned Trial Court dated 29.9.2004 and that of the First Appellate Court dated 2.3.2005.

(2.) The plaintiff has filed the instant suit with a prayer for mandatory injunction directing the defendants-respondents to accommodate him as Clerk- cum-Cashier in the defendant Bank on compassionate grounds as his father Harish Chander Chopra was working in the Bank had died in June, 1998. He sought compassionate appointment as a Clerk-cum-Cashier which was declined by the respondents on 12.12.2000.

(3.) On notice, defendant-Bank admitted the death of their employee Harish Kumar Chopra on 9.6.98 and pleaded that immediate steps were taken by them for settlement of the terminal dues payable to the family and an amount of Rs. 2,64,319/- was paid qua gratuity, provident fund, PNB Benevolent Fund, Ex- gratia etc. The family pension was fixed at Rs. 3232/-+ Dearness allowance payable thereon from time to time was fixed and at that time, widow of the deceased was getting family pension of Rs. 4638/- . Besides this, she was also getting a sum of Rs. 500/- per month from Employees Welfare Association. It is pleaded that in this manner she was getting a total pension of Rs. 5138/- per month and consequently it was held that the claim of the appellant for compassionate appointment could not be granted.