SYED IMTEYAZ HUSSAIN Vs. BANK OF BARODA

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and learned Counsel for the respondent-Bank of Baroda (hereinafter referred to as 'the Bank' for the sake of brevity) and its authorities.

(2.) THIS writ petition has beer, filed for a direction to the authorities of the Bank to appoint the petitioner, who was the dependent of a deceased employee of the Bank, on compassionate ground as per the scheme of the Bank dated 18.08.1998 (Annexure 14) and also for holding that the subsequent amended schemes of the Bank dated 26.03.2004 (Annexure 9) and 03.03.2006 (Annexure 13) with respect to compassionate appointments will not be applicable the case of the petitioner.

(3.) LEARNED Counsel for the petitioner submitted that huge amount was spent on the treatment of his father, who was suffering from the dreaded disease of cancer for a long period, and hence the loan taken for his treatment was repaid by the petitioner's family from the death-cum-retiral dues received by them, whereafter, the entire family was dependent upon the earnings of the petitioner's mother, which was hardly Rs. 500/- to 600/-, which she got by teaching Urdu to small children, whereas, other siblings of the petitioner were all minors. She further submitted that the applications filed by the petitioner and his mother were fully in terms of the Scheme of 1998, Clause V(a) of which specifically provided that (i) request for appointment under the Page 0121 scheme should be received by the Bank within one year from the date of death of the employee and that (ii) where the dependent is a minor or does not possess requisite qualification it shall be considered at the discretion of the Bank within four years of the death of employee to enable him/her to qualify in terms of age and/or qualification provided that the nomination has been received by the bank within one year from the date of death of the employee and documentary evidence of date of birth of the minor is submitted.