SHABANA BEGUM Vs. BANK OF BARODA

JUDGEMENT

(1.) IN this writ petition, petitioner who claims to be the widow of late Md. Sayeed, died in harness on 4.12.1999 while posted as Clerk in Muzaffarpur Branch of Respondent Bank of Baroda, has sought for direction to consider her case and provide her with the appointment on compassionate ground.

(2.) IN the counter affidavit filed on behalf of the respondent - Bank, it is stated that late Md. Sayeed has not informed the Bank about the marriage with the petitioner nor he made her nominee. In this circumstance, it is not possible to ascertain the status of the petitioner. However, the Respondent -Bank has not denied the claim of the petitioner that she is the second wife of the deceased. Deceased died due to cancer is also admitted. It is stated that before giving appointment on compassionate ground, the Respondent -Bank has to ensure that the persons to whom the benefit of compassionate appointment will be provided, will look after the other dependents of the deceased employee. It is also stated that as there is dispute between the dependents, Bank is unable to consider appointment on compassionate ground. According to the case of the Respondent one Khawa Imtiaz Nafeen claiming to be the son of the deceased also informed the Bank that he is the only son and two sisters surviving after death of his father and also claimed to be the legal heirs. In support of this photostat copy of the affidavit filed by Khawa Imtiaz Nafeen has been annexed as Annexure -B. Learned counsel for the petitioner has submitted that, in fact, in the said affidavit itself he admits about the death of his own mother and that his step -mother is alive. It is submitted that as per the scheme applicable for consideration of the case for appointment on compassionate ground, widow has preferential right over all other legal heirs for appointment on compassionate ground.

(3.) ACCORDINGLY , this writ petition is allowed. The Respondents are directed to consider the case of the petitioner for appointment on compassionate ground on preferential basis in accordance with the scheme and dispose it of positively by issuing necessary order within two weeks of the receipt/production of a copy of this order.