UCO BANK (UNITED COMMERCIAL BANK) THROUGH ITS GENERAL MANAGER, HEAD OFFICE 12, OLD COURT HOUSE STREET, KOLKATTA (WB) Vs. DEVI KISHAN HARIJAN S/O LATE SHRI BHIKHA RAM HARIJAN AGED ABOUT 21 YEARS, B/C HARIJAN, R/O VILLAGE GOTAN TEHSIL MERTA, DISTRICT NAGAUR

JUDGEMENT

(1.) This Civil Special Appeal (Writ) has been preferred to challenge the judgment dated 30.5.2008 passed by learned Single Judge in SB Civil Writ Petition No.6051/2006.

(2.) Succinctly, the facts are that the petitioner respondent Devi Kishan filed a petition for writ with a prayer to quash and set aside the order impugned dated 25.4.2006 whereby the appellant United Commercial Bank rejected his application for giving him appointment on compassionate ground with all other notional benefits. His father Shri Bhikha Ram Harijan, who was working on the post of Class-IV employee (Sweeper) in United Commercial Bank, Branch Office Gotan, expired on 27.10.1999 during his service tenure leaving behind his widow Smt. Shanti Devi, daughters and the only son Devi Kishan. Smt. Shanti Devi submitted an application on 27.12.1999 for appointing Devi Kishan on the compassionate ground in place of his father late Bhikha Ram. The said application came to be rejected vide order dated 25.4.2006 on the ground that monthly income of the family is higher than 60% of the gross salary of the deceased employee. It was also mentioned that the said application has been examined in terms of the provisions of scheme of the Bank circulated vide Circular No.CHO/PMG/19/99 dated 21.09.1999 but the case is not covered under the parameters of the above referred scheme. A calculation sheet has also been annexed thereto showing the monthly income of the family as Rs.1487.13 as against the last pay drawn gross salary of the deceased employee which was Rs.1458.48.

(3.) Learned Single Judge decided the writ petition preferred by the petitioner-respondent Devi Kishan vide order dated 30.05.2008 issuing the direction to the respondent-appellant Bank to reconsider the case of the petitioner sympathetically for appointment on compassionate ground.