MANOJ PASWAN Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner's father died in harness on 13th January, 1999 while working on the post of Armed Guard under Respondent No. 4, Branch Manager, United Bank of India, Charhi Branch, Hazaribag. The claim for compassionate appointment was made by the widow for the petitioner son and was forwarded to the Chief Manager (Personnel), United Bank of India (Annexure-3 Series). It shows that the petitioner's date of birth is 23rd February, 1976 and he was Intermediate in Science at the relevant point of time. The format in which the application was filled up as also being forwarded are enclosed to Annexure-3 Series.

(3.) The respondents in the first counter affidavit have, in substance, stated that the mother of the petitioner, in fact, submitted application before the Bank Authorities upon which a lump sum financial assistance of Rs. 1,50,000/- was accorded to her, which she did not accept. The claim for compassionate appointment made through the instant writ petition preferred in 2006 is delayed one after the employee died in 1999. 1988's scheme of death in harness was existence and in that scheme also for grant of compassionate appointment, it was discretion of the Bank to consider the claim for compassionate appointment. As a matter of fact, one of the sons of the deceased was also in Military service as per entries made in the formate application. It was nowhere stated that he had separated from the family of the deceased. Subsequently, the Scheme of 1988 was modified in November 2000, whereunder the grant of compassionate appointment was converted into grant of one time financial assistance. Therefore, under the new scheme compassionate appointment was substituted by offer of financial assistance.