RITU RAJ Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) BY this Letters Patent Appeal under clause 10 of the Letters Patent, the appellant has assailed the judgment of the learned single judge in C. W. J. C. No. 6806/2005, recorded, on april 3, 2007, whereby,' the claim of the appellant-original writ petitioner for appointment on compassionate basis due to death of his father dying in harness in bank service, came to be rejected. We have heard learned counsel appearing for the parties at the admission stage at a great length. We have considered the text and tenor of the impugned judgment of the learned single judge. We have, also, examined the underlying design and object of appointment on compassionate basis.

(2.) THE claim for appointment on compassionate basis due to death of the father in harness while serving the respondent-Bank came to be rejected mainly on the ground of not answering the eligibility criteria of financial status, firstly, by the Bank authority and, secondly, by the learned single Judge. Needless to reiterate that it is the settled proposition of law that the appointment on compassionate basis can be claimed and examined, evaluated and interpreted in the framework of the Scheme or the guidelines framed by the Master. The court cannot subtract or re-write what is not provided in such a Scheme or guideline.

(3.) WHEN the financial status is taken as one of the considerations for considering the appointment on compassionate basis, the master or the Employer is bound to consider and apply this yardstick. There is no dispute about the fact that the original writ petitioner-appellant before us and his family received the terminal benefits of Rs. 5,47,745. 39 paise and pension is being paid at the rate of Rs. 5179/- per month. Apart from that, the family has its own house in the town of muzaffarpur. These aspects are uncontroverted.