CHAKARWATI SINGH Vs. MARWAR GANGANAGAR BIKANER GRAMIN BANK

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner's father was Class-III employee in the respondent bank and was holding the post of LDC cum Cashier. The petitioner's father died on 19.4.2006. There was a scheme of giving compassionate appointment to the dependent of deceased bank employee which came in force w.e.f. 1.1.83. As per that scheme, copy of which has been shown by learned counsel for the petitioner, the eligible candidate could have applied for compassionate appointment within one year obviously from the date of death of employee. In the present case, the petitioner applied for compassionate appointment on 12.5.2006 i.e. within one month from the date of death of his father. No specific order was passed for rejecting the petitioner's application for grant of compassionate appointment and according to the petitioner, he came to know that on account of circular dated 6.10.2006, the respondent bank has stopped giving appointment to the persons of deceased employee on compassionate ground. However, the petitioner came to know that two persons namely, Sumit Kumar and Vinod Kumar were given compassionate appointment even after 6.10.2006 by giving appointment to them on 3.11.2006 and 11.11.2006. The petitioner has approached this Court because the petitioner by implication has been denied compassionate appointment under the scheme which came into force w.e.f. 1.1.83 and continued to be in force till 5.10.2006 as on 6.10.2006, a new decision was taken by the respondent bank to give lumpsum payment in lieu of compensation to the dependent of deceased employee.

(3.) Learned counsel for the petitioner submitted that the cause of action accrued to the petitioner on the date of death of his father and that is on 19.4.2006 and at the most, it can be on 12.5.2006 when the petitioner applied under the guidelines issued in the year 1983. It is submitted that a decision adopted in Dec., 2006 is not retrospective in operation and could not be applied to the case of the petitioner.