DEVENDER SINGH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) ANANT Ram, the father of the petitioner, was employed as Messenger in the State Bank of India at its Sawra Branch in District Shimla. By a letter dated December 12, 1998, he sought retirement on medical grounds saying that he is suffering from tuber closes and diabetes. His eye sight has deteriorated. He also simultaneously prayed for his retirement from service on medical grounds (Annexure PC) and employment for his son who is a Matriculate so that he could become bread earner for the family. He was medically examined by a Medical Board consisting of the Medical Specialist and Surgeon of Deen Dayal Upadhya Hospital, Shimla. The Board certified that Anant Ram was permanent incapacitated for further service of any kind in the Department, to which he belonged, because of diabetes retinopathy (Annexure PD). The Zonal Office of the Bank conveyed to the Branch Manager of the Bank at Sawra by its letter dated August 5, 1999 (Annexure PE/1) that Anant Ram has been granted permission for retirement with effect from June 15,1999 on medical grounds. The Zonal Office also asked for necessary documents and application for appointment of the petitioner on compassionate grounds on the prescribed proforma.

(2.) ON July 26, 1999, the petitioner applied for appointment in place of his father. The Zonal Office asked Anant Ram to complete certain formalities. Anant Ram by a communication dated November 20, 1999 (Annexure PH) was informed that his representation for compassionate appointment of his son, the petitioner, has been rejected by the Competent Authority in view of the Supreme Court judgment, Anant Ram, father of the petitioner, responding to the letter of November 20, 1999 once again requested the authorities to reconsider the case for compassionate appointment of his son (Annexure Pl/1). This representation was again rejected by a communication dated January 12, 2000 (Annexure PJ/1) with the reasons :

(3.) THE petitioner assails the decision of the Bank on the grounds that the letters of rejection of request for compassionate appointment "Annexure PH", "PJ" and "PL" being illegal, arbitrary, discriminatory, unreasonable and violative of Articles 14 and 16 of the Constitution are liable to be quashed.