VISHNU SINGH Vs. MANAGING DIRECTOR SBBJ

JUDGEMENT

(1.) THE petitioner's father while serving with the respondent Bank as Daftari expired on August 22, 2001. THE petitioner's request seeking compassionate appointment on the post held by his late father was declined by the respondent Bank vide communication dated August 9, 2002. By this writ petition the petitioner seeks direction in the name of respondent Bank to appoint the petitioner on the post held by his late father.

(2.) THE respondent Bank filed reply to the writ petition and appended document Annexure R/1, which shows that on examining the issue relating to compassionate appointment it was revealed to the Bank that the petitioner's father late Narain Singh who was posted as Daftary at Murlipura Branch had following dependents:- (i) Smt. Lalita Devi 50 years Widow; (ii) Vishnu Singh (Petitioner) 26 years Son (Unemployed); (iii) Anup Singh 23 years Son (Student); (iv) Kuldip Singh 18 years Son (Student ). It also appears from the perusal of Annexure R/1 that Bank loan in the sum of Rs. 3,33,293/- was outstanding against Narain Singh. Smt. Lalita Devi, the widow of Narain Singh was getting Rs. 3351/- as monthly family pension. THE Bank declined the prayer of the petitioner on the ground that total monthly income of the family was Rs. 3351/- per month, the family was living in its own house and the three grow up sons could earn some financial support for the family.

(3.) THE argument of the learned counsel for the respondent Bank that the petitioner does not have any legal right to get appointment is devoid of merit. THE concept of power is coupled with a duty as has been explained by their Lordships of the Supreme Court in L. Hirday Narain vs. I. T. O. Thus the power of respondent Bank under the Scheme to give appointment to the dependent of a deceased employee can be held to be a power coupled with a duty which creates a corresponding right in the dependent. Since the respondent Bank failed to discharge its duty arbitrarily arriving at the conclusion that the family of late Narain Singh had adequate means of livelihood, intervention under Article 226 of the Constitution appears necessary. Following observations of the Hon'ble Supreme Court made in Balbir Kaur vs. Steel Authority of India (supra), may be usefully referred at this juncture:- " THE fact remains that denial of compassionate appointment would neither be fair nor reasonable in the context of constitutional phi1o- sophy. THE concept of social justice is the yardstick to the justice administration system or the legal justice. THE greater virtue of law is in its adaptability and flexibility. THE Court ought to apply law depending upon the situation because Law is made for the society. Whatever is beneficial for the society, the endeavour of the Law Court would be to administer justice having due regard to it. "