MANISH KUMAR BABAL Vs. UCO BANK & ORS.

JUDGEMENT

(1.) The subject matter of the instant writ application is the claim for appointment on compassionate grounds.

(2.) Briefly, the indispensable material facts necessary for adjudication of the controversy are: that Late Shri Keshar Dev, father of the petitioner, died on 27th July, 1999, while in service on the post of Head Cashier at UCO Bank, Branch Khodi Kalam. Smt. Parmeshwari Devi, wife of Late Shri Keshar Dev, requested for an appointment on compassionate grounds in favour of her son, the petitioner, who was minor at the relevant time, by an application dated 10th July, 2000. The respondent/UCO Bank responded the application vide communication dated 28th Oct., 2000, referring to the provisions of the Scheme for compassionate appointment, informing that the competent authority has decided for payment of a lump-sum amount of Rs. 1.5 lakh, in lieu of appointment. The petitioner's mother was advised to receive the payment, after adjustment of all liabilities of the deceased employee to the respondent-Bank, from Khuri Kalan Branch of the Bank. The petitioner has approached this Court with a prayer for a writ to the respondent-Bank to accord appointment in favour of the petitioner on compassionate grounds.

(3.) The learned counsel for the petitioner reiterating the pleaded facts of the writ application has strenuously argued that the action of the respondent-Bank, in not according appointment to the petitioner no compassionate grounds, is illegal, arbitrary and unsustainable in the eye of law. The learned counsel would further submit that denial of the claim for appointment on compassionate grounds, by the respondent-Bank, on the pretext of policy decision, where the family was likely to receive more than 60% of the gross salary, the dependent of such an employee, who died in harness, would not be entitled for appointment on compassionate grounds; is an illegal and arbitrary decision, and therefore, violative of Art. 14 to 21 oi the Constitution of the family, is below 60% of the gross income of the deceased employee, last drawn.