CHHABI SOOD Vs. THE CHAIRMAN, HIMACHAL GRAMIN BANK

JUDGEMENT

(1.) By this writ petition under Articles 226/ 227 of the Constitution, petitioner Miss Chhabi Sood has sought the following relief: "To quash by the issue of an appropriate writ, order or direction as the case may be, the order dated 1st July, 1992, passed by the General Manager, Himachal Gramin Bank, Mandi, (hereinafter referred to ˜the Gramin Bank), (Annexure P -3), rejecting the petitioners request for employment as Clerk on compassionate grounds in place of her brother Rajesh Kumar, who died in harness, with a further direction, directing the respondents to provide employment to the petitioner."

(2.) The facts of the case, in brief are stated as under i The petitioner claims to have passed 10 + 2 examination. Her brother Rajesh Kumar was employed as a Cleric in the Gramin Bank on 2nd May 1983 and worked as such till 5tb June, 1991, when he died in harness, leaving behind his old parents, one elder brother and one unmarried sister viz. the petitioner. The elder brother is employed as a Clerk in U. Co. Bank and he is living separately alongwith his wife from his parents and be is not supporting them. The petitioner and her old parents are living jointly The parents of the petitioner made two applications dated 27th June, 1991 and 6th August, 1991 (Annexures P -l and P -?t respectively) to respondent No. 2 for providing employment to the petitioner on compassionate ground. It is stated by the petitioner that minimum educational qualification for the post of Clerk in the Gram in Bank is Matriculate and she is eligible to be appointed as such. The petitioner has alleged that her father is a retired person from the Postal and Telegraphs Department and is getting very meagre pension. According to the petitioner, there is do other source of income and she is un -married and is looking after her parents. The petitioners brother late Rajesh Kumar was stated to be un -married. He was only member supporting the petitioner as well as his parents. According to the Scheme of the Gramin Bank the petitioner is an eligible dependent of her deceased brother and is entitled for appointment as Clerk, it is alleged that order dated 1st July, 1992 (Annexure P -3) passed by tbe General Manager rejecting her claim is arbitrary and without assigning reasons.

(3.) The respondents have refuted and contested the claim of the petitioner. In the counter -affidavit, filed by Shri R. C Sharma, Chairman, Himachal Gramin Bank, it is admitted that the deceased brother of the petitioner was serving in the respondent -Bank as a Clerk and he died on 5th June, 1991. It is also admitted that father and mother of the petitioner through communications Annexures P -l and P -2, respectively, requested the respondents to appoint the petitioner on compassionate ground. However, it is asserted that as per records of respondent No. 1 late Rajesh Kumar Sood has not shown either his parents or the petitioner as dependents upon him during his life time. The minimum educational qualification essential for the post of Clerk is also admitted to be a Matriculate. In this reply, it is submitted that sponsoring Bank has got a Scheme for providing employment to the dependents of its deceased employees on compassionate grounds to eligible persons with the object that in the event of the sole bread -winner of the family if dies in harness, the family should be provided immediate rehabilitary measures by accommodating one eligible member of the family so that the family does not starve due to sudden death of the bread -winner. It is asserted that the petitioner is now of marriageable age and after her marriage she would migrate to her in -laws, thus the very purpose of provisions of the Scheme would be defeated It is also stated that the respondents are prepared to provide employment to the dependents of the deceased employees in an appropriate and deserving case. Further defence of the respondents is that besides the pension being earned by the father of the petitioner, Smt. Kamla mother of late Rajesh Kumar was paid Rs 38,328 out of the Provident Fund dues, gratuity and family pension etc An additional amount of Rs 18,633 plus interest is being paid by the Commissioner, Provident Fund to the mother of the deceased. It n also asserted that the father of the petitioner is a retired Post Master and is drawing a monthly pension of Rs. 1,855 and he is also working as an agent for the sale of post office securities and National Saving Certificates etc , from where also be is learnt to be drawing sufficient income. The respondents have also asserted that elder brother of the petitioner Shri Rakesh Sood is employed as Clerk in U. Co, Bank and that his wife is also serving in the same Bank. The elder sister of the petitioner is stated to be a House wife and is married to a Junior Engineer. It is further asserted that father of the petitioner owns 12 Kanals land, one Pucca building at Village Kotlu, District Kangra, and another ˜Pucca residential house at Maranda. The respondents have further asserted that the parents of the petitioner are having Saving Bank Account(s) with different Banks wherein substantial amounts have been deposited/withdrawn from time to time by them. In addition to sufficient income of the family of the petitioner, the mother of the petitioner Smt Kamla Devi is the only daughter of her parents and is the sole beneficiary of the property of her mother and she is also drawing total income from that property. It is also denied that late Rajesh Kumar was the only earning member of the family and was supporting his parents as well as the petitioner. In the facts and circumstances, the petitioner is not at all entitled to any benefit of employment on compassionate grounds.