IMPORTANT POINT
Compassionate employment is not a matter of right, and the financial condition of the deceased family at the time of death should be the primary consideration. The appointment on compassionate grounds is an exception to the general rule and must adhere to the stipulations made in the policy. Expeditious consideration of compassionate appointment applications is necessary to prevent undue delay and financial hardship.

JUDGMENT

1. This Writ Petition is filed under Article 226 of the Constitution of India seeking a direction in the nature of Mandamus declaring the inaction on the part of the Respondent Nos., 1 to 4 in not considering the application of petitioner dtd. 29/1/2015 and the representation dtd. 18/4/2018 and consequently, seeking to direct the Respondent Nos.1 to 4 to consider the petitioner for appointment in a suitable post in the State Bank of India on compassionate grounds, without insisting the signature of Respondent Nos.5 and 6 in Annexure-II as dependents to the deceased.

2. The case of the Petitioner in brief is as follows:

2.1. One B.N.K.Krishna Kishore, who joined in the service as Assistant Manager in Respondent Bank, Kakinada, on 20/8/2007, died on 29/10/2014, leaving behind the Petitioner/his wife, minor son, aged about six years, besides his parents/Respondent Nos.5 and 6. It is the Petitioner's case that, during the life time of her husband, his parents used to harass her and she has no cordial relations with Respondent Nos., 5 and 6.

2.2. On 29/1/2015, Petitioner has applied to Respondent Nos.1 to 4 seeking a suitable job to her on compassionate grounds. Respondent No.5 got issued a legal notice dtd. 2/12/2014 to Respondent Nos.1 and 2 as well as to the petitioner stating that the petitioner is not entitled to withdraw all the retirement benefits. Petitioner also issued a legal notice on 10/4/2015 to Respondent Nos.1 and 2, in the process of her application for compassionate appointment.

2.3. A series of litigation followed right from claims before the District Consumer Disputes Redressal Forum to the civil court and Petitioner as well as Respondent No.5 received their respective shares out of the retirement benefits of the deceased.

2.4. Alongwith her application for compassionate appointment, Petitioner annexed an undertaking, vide Annexure -III dtd. 2/5/2017 to maintain the dependents of the deceased i.e., her son and her parents-in-law. Thereafter, she received a letter dtd. 30/11/2017 from Respondent No.1 asking her to furnish Annexure-II, which must be signed by all the dependents.

2.5. It is the Petitioner's case that Respondent Nos., 5 and 6 are not inclined to sign the Annexure-II owing to their pre-existing matrimonial disputes. It is stated that she alone is eligible legal representative to get appointment on compassionate grounds.It is averred that Respondent Nos.5 and 6 have certain ancestral properties, while she with her minor son are living at their mercy. It is also placed that Petitioner by a representation dtd. 8/4/2020 to Respondent Nos.1 to 4, stated that after getting appointment on compassionate grounds, would pay a part of her salary to the Respondent Nos.5 and 6.

2.6. Petitioner contends that the format of Annexure-II demanding her to get signatures from her in-laws, with whom she has no cordial relations, compromises on her dignity. It is also stated that non-consideration of her representation is illegal and violative of Articles 14 and 21 of the Constitution of India.

3. Version of the Respondents in Counters

3.1. A counter Affidavit is filed by Respondent Nos.1 to 4 with the following averment at para 3 extracted hereunder;

"3. It is submitted that as per the New Policy of the State Bank of India, the Bank is not entertaining any appointments on compassionate grounds as matter of policy, but, if any person otherwise eligible and needy, we are providing some ex-gratia and not employment. However, as per our Circular instructions, in exceptional following cases, we are providing appointment on compassionate grounds:

i) Employee dying while performing is official duty, as a result of violence, terrorism, robbery or dacoity.

ii) Employee dying within five years of his first appointment or before reaching the aged of 30 years, whichever is later, leaving a dependant spouse and/or minor children."

3.2. Further, it is also stated that a person claiming employment under compassionate grounds, is