LAL BAHADUR Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE brief facts necessary for the adjudication of this petition are that the petitioner's father was serving the respondent-Bank as guard since 1978. Shri Mani Ram died on March 21, 2000. The respondent-Bank vide communication dated 21st March, 2000 had informed the mother of the petitioner that the legal heirs/dependents of deceased were entitled to the following concessions:-

(2.) THE petitioner has passed his matriculation examination from the Himachal Pradesh Board of School Education in the year 1989. He was born on 11th January, 1970. In sequel to Annexure P-1 the petitioner submitted application seeking appointment on compassionate grounds in the month of May, 2000. His case was rejected by the respondents-Bank on 23rd November, 2000 being over-age. The Court had directed the respondents-Bank on 16th April, 2007 to place on record the Scheme on the basis of which compassionate appointments are made by the Bank. The Bank was also directed to assign the reasons why the application preferred by the petitioner has been rejected. The Bank had filed the application and re- iterated therein that the maximum age prescribed under the Scheme is 26 years and the petitioner was more than 30 years on 21.3.2000. The Bank had also placed on record the copy of the Scheme for compassionate appointments alongwith the application. Ms. Rita Goswami appearing vice counsel for the petitioner had strenuously argued that her case was required to be considered as per sub-clause (iv) of Clause 7 of the Scheme. Mr. Kapil Dev Sood had vehemently argued that the maximum age prescribed for seeking appointment in the Bank is 30 years and the case of the petitioner has been rightly rejected. 2. I have heard the parties and perused the record. The position which emerges from the above-mentioned facts is that petitioner's father Shri Mani Ram died on March 21, 2000 in harness. The Bank it-self had apprised the petitioner of the facilities available to the legal heirs after the death of bread-earner. He had submitted the application in the month of May, 2000 which was rejected on 23rd November, 2000. It will be apt to reproduce Clauses 7 and 8 of the Scheme for appointment on compassionate grounds for the dependents of deceased employees/employees retired on medical grounds which deal with age limit and educational qualifications and the same reads as under:-

(3.) ACCORDINGLY , this petition is allowed. Annexure P-3 dated 23.11.2000 is quashed and set aside. The respondents-Bank is directed to consider the case of the petitioner under sub-clause (iv) of Clause 7 of the Scheme within a period of eight weeks from today. There shall be no order as to costs.