PUNJAB NATIONAL BANK Vs. MUKESH KUMAR SONI

JUDGEMENT

(1.) The intra court appeal has been preferred for assailing the validity and correctness of judgment dtd. 16/5/2018 passed by learned Single Bench whereby the appellants-respondents (Punjab National Bank) were directed to provide compassionate appointment to the respondent on a suitable post, as per his eligibility.

(2.) Briefly stated facts of the case are that Shri Sohan Lal, father of the respondent while holding the post of Head Cashier in Punjab National Bank, Branch-Meera Chowk, Sriganganagar passed away on 21/5/2015 succumbing to prolonged illness. The respondent after the sad demise of his father submitted an application dtd. 2/7/2015 seeking appointment in the appellant-bank on compassionate grounds. The appellants-bank rejected the application vide order dtd. 20/2/2016 on the ground that respondent family's financial position did not portray any indigent circumstances warranting employment on compassionate grounds.

(3.) Aggrieved by the order dtd. 20/2/2016, the respondent filed a writ petition before learned Single Bench with a prayer to provide him compassionate appointment on a suitable post as per "Scheme for Compassionate Appointment to a dependent family member of a deceased employee/employee retired on medical grounds-2014" (hereinafter referred to as 'Scheme of 2014') in force. The appellant-bank, by way of filing reply averred that the purpose of providing appointment on compassionate grounds is to mitigate the hardship ensued due to the death of the sole bread earner in the family. Death of an employee in harness does not entitle the family to claim compassionate appointment as of right. Under the provisions of the Scheme of 2014, it is incumbent upon the appellant-bank to make objective assessment of the financial condition of the family of the deceased employee. While objectively assessing the application of the respondent, it was noticed that elder son of the deceased employee is employed in TCS (Tata Consultancy Services) with an annual income of Rs.6.47 lakhs. The family had received terminal dues to the extent of Rs.16.42 lakhs with no financial liability. Apart from this, family owned two houses and was in receipt of family pension to the tune of Rs.15,993.00 per month. The deceased employee was due to retire in next 1½ years of his death.