RAJESH KUMAR Vs. HIMACHAL GRAMIN BANK

JUDGEMENT

(1.) Sagar Singh, father of the petitioner, after retirement from the Army took employment as clerk with the Himachal Gramin Bank, Branch office at Hatgarh in the District of Mandi (respondent No.2 herein). Sagar Singh expired in harness on 18th August 1998. The petitioner applied for the appointment on compassionate ground. Request was rejected by the respondent -Bank by its communication dated 29th December, 1998 (Annexure (P -6). The petitioner was informed that his request has been rejected on the ground that one of the members of his family i.e. his elder brother is already in Government service. The petitioner kept quite for about two years. It was only on 24th April, 2000 he filed this writ petition under Article 226 and 227 of the Constitution of India for direction to the respondent -Bank to appoint the petitioner as Cleric on compassionate ground.

(2.) The case of the petitioner is that his elder brother Rakesh Kumar is employed in the Army but it has not relevance so far the appointment on compassionate ground is concerned. It is further case of the petitioner that the respondent -Bank has amended its policy for compassionate appointment and therefore the petitioner under the policy is entitled to be appointed on compassionate ground and if such policy has not been amended then such policy is liable to be quashed.

(3.) The respondent -Bank in its return has taken a stand that the petitioner under the Policy of the Bank, for compassionate appointments, is not eligible to be appointed. The respondent -Bank also pleads that the petition is liable to be dismissed on the ground of delay and latches as the application of the petitioner was rejected on 29th December, 1998 (Annexure P -6). The petitioner kept quite and it was only in April, 2000, that he filed this petition. On merits it is stated that the case of the petitioner for compassionate appointment was considered by the respondent -Bank. It was found that family of Sagar Singh was not suffering - from any financial hardship and that one of the members of the family i.e. the elder brother of the petitioner has already in Government employment and, therefore, the petitioner was not eligible for appointment on compassionate ground under the Scheme/policy of the respondent Bank.