LAWS(PAT)-2018-6-21

ASHUTOSH ELLAMI SON OF LATE KANHIAYA LAL SINDHI Vs. UNITED BANK OF INDIA THROUGH ITS CHAIRMAN-CUM-MANAGING DIRECTOR

Decided On June 19, 2018
Ashutosh Ellami Son Of Late Kanhiaya Lal Sindhi Appellant
V/S
United Bank Of India Through Its Chairman-Cum-Managing Director Respondents

JUDGEMENT

(1.) Heard Mr. Arun Kumar, learned counsel for the petitioner and Dr. Binod Bihari Sinha learned counsel for the Bank.

(2.) The petitioner is aggrieved by the order dated 30.12014 whereby his application for compassionate appointment has been rejected inter alia on grounds that under the scheme in force, the family was only entitled to ex gratia lump sum amount which has been paid in lieu of compassionate appointment but the petitioner was not entitled for the relief of compassionate appointment.

(3.) Mr. Arun Kumar learned counsel for the petitioner has relied upon an advisory of the Ministry of Finance dated 07.08.2014 to press the claim as according to Mr. Arun Kumar, the restrictions present in the scheme of compassionate appointment in force in the respondent Bank, a copy of which is at Annexure-A to the counter affidavit and limits such consideration only to employees with minor children who have died while performing official duty as a result of violence, terrorism, robbery or dacoity or those employee dying within five years of appointment or before reaching the age of thirty years, whichever is later, stands diluted by the stipulations present in the circular of the Ministry of Finance dated 07.08.2014 which extends benefit of compassionate appointment to all employees.