KULDEEP KALLA Vs. STATE OF BANK OF INDIA

JUDGEMENT

(1.) THIS petition for writ is preferred calling in question legality of the decision taken by the respondent Bank to decline appointment on compassionate grounds to the petitioner who is only son among three children of deceased bank employee.

(2.) IN brief, facts of the case are that Shri Rajendra Prasad Kalla while serving bank as Senior Assistant died on 13. 10. 2002, therefore, with consent and approval of his mother and other family members the petitioner preferred an application for appointment to a suitable post in bank on compassionate grounds. The request for appointment by the application aforesaid stood declined by the competent authority on the ground that condition of the family cannot be termed penurious that warrant appointment on compassionate grounds.

(3.) THE respondents alongwith their reply also placed on record the note on basis of which appointment was declined to the petitioner on compassionate grounds. THE note referred above reads as under:- ``the Dy. General Manager Jaipur Zonal Officer, vide his letter No. Ankaj/karmik/1323 dated 4. 3. 03 placed below (Flag `a'), has recommended the case of Shri Kuldeep Kalla s/o Late Shri Rajendra Prasad Kalla, Sr. Asstt. , for appointment on compassionate grounds in Clerical Cadre. Shri Kalla expired on 13. 10. 2002 at the age of 54 years. He had served the Bank for 24 years. No disciplinary action was pending or ever initiated against Shri Kalla during his service in the Bank. THE case has been examined as per Corporate Centre Guidelines for appointment on compassionate grounds and our observations have been summarised below: (A) Position regarding Assets & Liabilities of the family. ASSETs LIABILITIES (in lacs) (a) Terminal benefits (a) To the Bank (a) P. F. (b) Gratuity (c) Leave Encashment (d) M. W. Fund (Relief) 5. 87 2. 22 1. 02 0. 10 Consumer Loan Personal Loan Housing Loan Addl. Hous. Loan Demand Loan Over draft 0. 16 0. 88 4. 05 2. 32 0. 15 0. 78 9. 21 8. 34 (b) MOVABLE PROPERTy (b) TO OUTSIDERs Household goods Nil Friends/relatives 1. 27* (c) IMMOVABLE PROPERTy Constructed house and value thereof : House (constructed with Bank's finance) Value : not advised- approx. Rs. 7 lacs Income Nil * Not taken into a/c in the absence of verifiability of such borrowings (d) INVESTMENTs NSCs LIc : Rs. 0. 35 lacs Rs. 0. 85 lacs Rs. 1. 20 lacs (e) MONTHLY INCOMe (i) Family pension : Rs. 5797/- p. m. (ii) Income of employed family member (s) : Rs. NIl (iii) Monthly relief under MWs : Rs. 250/- (iv) Assumed Intt. on 30% of net corpus of terminal dues @ 6. 25% p. a. (if invested) : Rs. 363/- (v) Assumed intt. on investments @ 6. 5% : Rs. 625/- Rs. 7035 p. m. Salary Last drawn by the deceased employee Gross - Rs. 17992/- Net - Rs. 13925/- THE family of Late Shri R. P. Kalla consists of his wife aged 47 years and 1 son & 2 daughters aged 24, 27 & 22 years respectively. THE elder daughter is already married. Now there are only 3 dependents left in the family and a monthly income of Rs. 7035/- is considered adequate for sustenance of a family of 3 members. Shri Kuleep Kalla, son of the deceased, has applied for appointment on compassionate grounds in Clerical Cadre. He has passed B. Com. Part II exam. THE family owns its own house. Consideration of all aspects in entirety, it is felt that the condition of the family cannot be termed as penurious. In view of the foregoing, it is felt that as per Corporate guidelines, it is a NOT a FIT case for appointment on compassionate grounds. THE request of Shri Kuldeep Kalla for compassionate appointment in Clerical Cadre may, therefore, be declined. ''