KAPILDEO CHOUDHARY Vs. VANANCHAL GRAMIN BANK

JUDGEMENT

(1.) Heard the parties.

(2.) In the present writ petition, the petitioner has come out with a prayer for quashing and setting the letter No. Pra. Ka/Ma. Sa/1236/15-16 dated 17.02016 (Annexure-5) issued by the General Manager (Administration), by which the claim of the petitioner has been rejected on account of ex-gratia due to death of his father in the year 2010. Further prayer has been made for release of payment to the petitioner to the tune of Rs.6.00 lakh on account ex-gratia as recommended and calculated by the respondent No. 3. Factual Matrix

(3.) The father of the petitioner, Rajendra Prasad Choudhary, had joined the service of the respondent-Bank on 01.09.1990 as Office Attendant and his last place of posting was in Vananchal Gramin Bank, Godermana as Office Attendant. Father of the petitioner died due to cardiac arrest while he was in service on 26.02.2010 after completion of 19 years and 5 months of service. The remaining service of the father of the petitioner was 13 years and 9 months. It is further stated that the petitioner had submitted an application for claim of ex-gratia as back as on 05.05.2010 along with duly signed blank Form with the respondent No. 4. The succession certificate was also issued in favour of the petitioner on 15.12.2010 by the learned District Judge, Garhwa. On 08.07.2015, the respondent No. 3, after verification of the entire documents, prepared a note and recommended for ex-gratia payment to the tune of Rs.6.00 lakhs and the recommendation was sent to the Chairman of the Bank, respondent No. 1. In view of the recommendation, petitioner submitted an application on 12.10.2015 before the respondent No. 3 requesting him, inter alia, to release the amount of ex-gratia at the earliest. Surprisingly, the request of the petitioner was turned down vide letter dated 17.02.2016 issued by the respondent No. 2 on the ground that application for ex-gratia has been made by the petitioner after lapse of five years and as per rule of the respondent-Bank, the same is required to be filed within a period of six months from the date of death. Hence, this writ petition has been filed by the petitioner.