AJAY KUMAR Vs. CANARA BANK

JUDGEMENT

(1.) This appeal is directed against the order dated March 8, 2001, passed by a learned single Judge in C.W.J.C. No. 918 of 2001, rejecting the claim of the appellant for appointment on compassionate ground.

(2.) Two writ applications being C.W.J.C.No. 13522 of 2000 and C.W.J.C. No. 918 of 2001 were filed for appointment on compassionate ground. The former was filed by one Sanjeev Kumar Sinha against the State Bank of India, whereas the latter was filed by appellant- Ajay Kumar against the Canara Bank. Both the writ applications were heard together and disposed of by a common order dated March 8, 2001 by the learned single Judge, whereby he allowed the claim of Sanjeev Kumar Sinha (C.W.J.C. No. 13522/2000), but rejected the claim of the appellant in C.W.J.C. No. 918/2001 for his appointment on compassionate ground. The appellant is aggrieved by the order rejecting his claim for appointment on compassionate ground.

(3.) The admitted fact is that the father of the appellant, namely, late Shiboo Sharma, was working as a clerk in the respondent-Canara Bank and died on December 11, 1999 while working in the Gandhi Maidan Branch of the said Bank just before twenty days of his due date of retirement on December 31, 1999. The appellant applied for appointment on compassionate ground on January 18, 2000 so that the family might meet the sudden economic crisis created due to the death of his father. When no steps were taken by the Bank, the appellant came to this Court in C.W.J.C. No.7263 of 2000 for a direction to the respondent-Bank to appoint him on compassionate ground. This Court disposed of the said writ application by order dated September 25, 2000 and directed the respondent-Bank to consider the claim of the appellant for his appointment on compassionate ground within two weeks of the receipt/production of a copy of the order. Thereafter, the Divisional Manager communicated by letter dated December 16, 2000 that the appellant cannot be appointed on compassionate ground as no circumstances exist for appointment on the said ground. A copy of the said order was appended as Annexure 4 to the writ petition. The competent authority of the Head Office of the Canara Bank at Bangalore declined by order dated December 14, 2000 to consider the employment to the appellant on compassionate ground and rejected his prayer on the ground of the financial position of the dependent family is satisfactory as family has got 3.70 Lacs as terminal benefits. The spouse of the deceased employee is eligible for pensionary benefits either from the Bank or from military authorities as the deceased was an ex-serviceman. The spouse has to opt for either of the pensions. The family has two residential houses, one at Patna and the another at its native place Begusarai. The dependent family consists of two family members and the deceased had 20 days service left at the time of his death. The terminal benefits of the deceased employee settled to the dependants is more or less the same, the ex-employee would have received had he survived till the date of his retirement. A copy of the said order was appended as Annexure 5 to the writ petition. The appellant challenged the decisions taken in the aforesaid two letters (Annexures 4 and 5).