CHHOTURAM Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) The present second appeal under Sec. 100 of the Code of Civil Procedure has been filed against the judgment and decree dtd. 16/10/2018 passed by the learned District Judge, Sri Ganganagar in Regular Civil Appeal Nos.07/2013 (CIS No.69/2014) whereby the appeal filed by the respondents - defendants has been allowed and the judgment and decree dtd. 7/2/2013 passed by the Civil Judge (Junior Division), Sri Ganganagar in Original Suit No.221/2004 was reversed.

(2.) Learned counsel for the appellant narrating the facts in brief apropos for the present second appeal submitted that appellant - plaintiff had filed a suit for mandatory injunction against the defendants inter alia seeking compassionate appointment in the defendant - bank on account of death of his mother Smt. Laxmi Devi while in service. In the plaint, it was stated that mother of plaintiff (Smt. Laxmi Devi) while working as Safai Karamchari in the defendant bank passed away on 20/1/2003. Smt. Laxmi Devi during her life time, executed a will as per which the appellant -plaintiff was declared as sole legal representative to receive all her service benefits including compassionate appointment after her death. Learned counsel submitted that after death of Smt. Laxmi Devi, defendant - bank had released all her death-cum-retiral benefits in favour of the present appellant - plaintiff. However, refused to provide him compassionate appointment as per the Rules in vogue.

(3.) Learned counsel submitted that the learned trial Court vide its judgment and decree dtd. 7/2/2013 directed defendant -bank to provide compassionate appointment to the appellant -plaintiff. However, the learned appellate Court vide judgment and decree dtd. 16/10/2018 reversed the findings of learned trial Court without taking into consideration the oral and documentary evidence produced before it so also without considering the fact that his mother was working as an employee of the respondent -bank at the time of her death. Therefore, the impugned judgment and decree dtd. 16/10/2018 may kindly be quashed and set aside and judgment and decree dtd. 7/2/2013 may be confirmed.