AJAY KUMAR MEHTO Vs. UNITED COMMERCIAL BANK LTD.

JUDGEMENT

(1.) The petitioner has preferred this petition seeking the following reliefs:

(2.) Brief facts of the case are that the father of the petitioner, namely, Ram Prasad Mahto was working as Head Cashier in the UCO Bank, Hajipur Branch, Vaishali and had died during his service period on 25/4/2019. The petitioner is the eldest son of the deceased employee. Mother of the petitioner, namely, Tetari Devi, with the consent of the petitioner, made an application on 9/10/20 before the respondent-Bank for compassionate appointment of her son, the petitioner herein which was recommended and forwarded by Respondent No 7 to Respondent No 5 vide its letter dtd. 11/11/2020 (Annexure 4 series). The application of the petitioner was rejected and communicated to him through communication dtd. 22/12/2021 (Annexure 6) and it was informed that since the petitioner is a married person, therefore, he is not entitled to get any appointment on compassionate ground. Hence, this petition has been preferred by the petitioner.

(3.) It is submitted by the learned counsel for the petitioner that the application of the petitioner has wrongly been rejected by the respondents. According to the counsel, Clause 2 of the Scheme for Compassionate Appointment (Annexure 8) dtd. 29/9/2014 clearly states that the dependent family members means "wholly dependent son". The married son of the deceased employee is not excluded from the definition of the family members of the said scheme. Undisputedly, the petitioner is the dependent family member of the deceased, therefore, his candidature for grant of compassionate appointment ought to have been considered and allowed.