SUSHMA KUMARI Vs. BANK OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner is widow of one Manoj Kumar Rajak, who was an employee of the Bank of India. When he was working at Fraser Road, Main Branch, Patna, of the Bank, he suffered a massive heart attack and consequently died on 21.02.2014, leaving behind his widow, a six-year-old son and a seven-year-old daughter. It is the case of the petitioner that the family was fully dependent on the deceased employee. She had applied for appointment in the Bank to any suitable post on compassionate ground, which was rejected on 01.04.2014 by the Deputy Zonal Manager, Zonal Office, Patna, of the Bank (Annexure-2). It was intimated to the petitioner that her case did not qualify for compassionate appointment in the Bank service, rather she should submit a claim for payment of ex-gratia lump sum amount in lieu of appointment on compassionate ground, in prescribed format.

(2.) It may be noted, at this juncture, that the Bank had scheme for payment of ex-gratia lump sum amount in lieu of appointments on compassionate ground which also contemplated appointment of dependents of deceased employees on compassionate grounds but in exceptional cases, as contained in a Circular, issued in 2007, a copy of which has been brought on record by way of Annexure-A to the counter affidavit filed on behalf of the Bank.

(3.) On plain reading of the said scheme, it appears that the Bank had decided to pay ex-gratia lump sum amount in lieu of compassionate appointment in case, inter alia, in case of an employee of the bank dying in harness. The scheme stipulated compassionate appointment in exceptional cases, namely, the employee dying while performing official duty or an employee dying within five years of his appointment or before reaching the age of 30 years. Clause 5 of the Circular contemplated that ex- gratia amount would be paid to the family of the deceased employee, if eligible, provided a request to this effect is made within six months from the date of death of the employee. There is no gainsaying that the ex-gratia amount was payable to the family of the deceased employee in indigent or penurious circumstances only.