KAUSHAL KUMAR CHAUHAN Vs. UNITED COMMERCIAL BANK

JUDGEMENT

(1.) THE petitioner has approached this Court under Article 226 of the Constitution of India, challenging the action of the respondents whereby his case for compassionate employment has been rejected.

(2.) BRIEF facts of the case are that the father of petitioner was appointed as Peon-cum-Cleaner in the United Commercial Bank Branch, Badripur, Paonta Sahib, District Sirmaur on 5.10.1977. When he was posted as cashier in the bank at Kala Amb, he died on 8.8.1998 having put in more than 21 years of service. The family being in distressed circumstances with no adequate source of livelihood, an application was made by the petitioner, who is the son of the deceased, requesting that he may be appointed on a suitable post on compassionate ground. The other heirs viz wife and daughters gave their no objection to the appointment of the petitioner. The petitioner alleges that he has passed the Senior Secondary School Examination and he being the only son of the deceased, was entitled to be adjusted against a suitable post with the respondent bank. The petitioner submits that he belongs to 'Koli' community which is recognized a Scheduled Caste as notified by the Government of Himachal Pradesh.

(3.) IT was submitted by the learned counsel for the petitioner that the respondents have wrongly and arbitrarily assessed the income available to the family at 60% of the gross emoluments of the deceased to deny the benefit of employment to the petitioner. A major portion of the amount which was received by the mother of the petitioner including the element of interest on such receipts was paid for defraying debts of the deceased raised for the benefit of the entire family including loan for building of a house etc. In case the calculations are made according to the policy of the respondents, the bar under clauses (b) and (d) of the policy as pleaded by the respondents is not attracted. The relevant clauses of the policy are reproduced hereunder:-