JUDGMENT :

Arup Kumar Goswami, J.

1. This writ appeal is presented against a judgment dated 16.04.2021 passed by the learned single Judge in W.P. No. 1159 of 2016 disposing of the writ petition by setting aside order No. (HR-1) 278 dated 08.05.2015 and directing the respondents (appellants herein) to consider the claim of the writ petitioner for compassionate appointment in any suitable post within a period of six weeks from the date of receipt of the order.

2. Heard Mr. Venkata Rama Rao Kota, learned counsel for the appellants and Mr. K. Sudhakar Reddy, learned counsel for the respondent/writ petitioner.

3. The father of the writ petitioner died in harness on 26.11.2012 while working as Head Messenger in Market Yard Branch of State Bank of India, Adoni Branch, leaving behind his wife, three sons including the writ petitioner and two unmarried daughters. They belong to Scheduled Caste community. Subsequent to the death of his father, the writ petitioner made a representation dated 20.01.2013 to respondent No. 4 (appellant No. 4) for compassionate appointment and the mother of the writ petitioner had also made a representation to the Assistant General Manager, SBI/Tirupati, praying for appointment of the writ petitioner on compassionate ground. The writ petitioner had also made a representation dated 05.05.2014 to respondent No. 1 (appellant No. 1). In response to the said representation dated 05.05.2014, it was informed to the writ petitioner by a letter dated 03.11.2014 that the scheme for compassionate appointment was discontinued with effect from 04.08.2005 and the same was replaced by a scheme called "Scheme for payment of Ex-gratia amount in lieu of appointment on Compassionate grounds" and, accordingly, advised the writ petitioner to submit application in the prescribed format for payment of ex-gratia. On being approached by the writ petitioner, the case of the writ petitioner was espoused by All India Scheduled Castes and Scheduled Tribes Bank Employees' Federation (R) by addressing a letter dated 27.01.2015 requesting compassionate appointment in favour of the writ petitioner. The said representation was disposed of by order dated 08.05.2015, which came to be impugned in the writ petition.

4. By the aforesaid order dated 08.05.2015, it was communicated as follows:

"a) The scheme for compassionate appointment has been discontinued in the Bank from 04.08.2005 and it was replaced by the Scheme for payment of ex-gratia lumpsum amount.

b) As such, your representation for compassionate appointment cannot be considered as the same was discontinued from 04.08.2005.

c) As regards the judgment of 1989 quoted in the representation, this was prior to 04.08.2005 and hence not relevant in the present context.

d) The revised scheme for Compassionate Appointment in exceptional cases, effective from 05.08.2014 is not applicable to the present case as the date of death (i.e., 26.11.2012) was prior to 05.08.2014."

5. In the affidavit filed by the appellants to the writ petition, it is pleaded that the scheme called "SBI Scheme for Compassionate Appointment on compassionate ground in exceptional cases-2014" (for short, "the Scheme-2014") was issued by the bank vide e-Circular No. CDO/P&HRD-PM/65/2014-15 providing that only in exceptional circumstances, compassionate appointment has to be provided. It is reiterated that the Scheme-2014 for compassionate appointment in exceptional cases effective from 05.08.2014 is not applicable, as father of the writ petitioner died on 26.11.2012 and, that apart, the case does not fall under the category of exceptional case as specifically envisaged in the revised scheme. The bank had introduced "Scheme for Payment of Ex-Gratia Lumpsum Amount" with effect from 04.08.2005 in lieu of compassionate appointment. However, as the Government had advised all public sector banks to have both the Schemes, viz., compassionate appointment and payment of ex-gratia lumpsum amount, the appellant-bank had decided to continue the