STATE BANK OF INDIA Vs. MANOJ KUMAR

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) Death in harness of a Manager of the appellant - Bank occurred on 5th December, 1999. Prior thereto, on 1st January, 1998, the appellant - Bank devised a scheme for appointment on compassionate ground of a member of the family of an employee, who has died in harness. In the said scheme, the Bank provided that the object thereof is to offer compassionate appointment only when the Bank is satisfied that the financial condition of the family is such that, but for the provision of employment, the family will not be able to meet the crisis. The scheme specifically provided that appointments in the public services are made strictly on the basis of open invitation of applications and merit but, however, exceptions are made in favour of dependants of employees dying in harness and leaving their family in penury and without any means of livelihood and, accordingly, determination of financial condition of the family is an important criterion for deciding the proposal for compassionate appointment. The aforesaid scheme provided, amongst others, that while considering a request for compassionate appointment, the authority competent to grant such appointment shall consider the financial condition of the family arising out of many a factors, including family pension, gratuity amount, size of the family and liabilities of the family. For the purpose of obtaining the benefit under the said scheme, the appellant - Bank prescribed a proforma, under Clause 6 whereof, informations regarding the details of the family of the deceased were to be furnished and under Clause 7 thereof, informations pertaining to properties, deposits as well as liabilities were to be furnished by the member of the family of the deceased employee seeking appointment on compassionate ground.

(3.) THE writ petitioner - respondent, who happens to be the eldest son of the said deceased Branch Manager of the appellant - Bank, upon the death of his father in harness, applied in the prescribed proforma for an appointment on compassionate ground. In the said proforma, he furnished the details of the family of the deceased as well as the details of the properties, deposits and liabilities of the family. From the details so furnished it appears that the deceased died leaving behind his widow, two daughters and two sons.