Ravi Ranjan, J.

1. Letters patent appeal is admitted.

2. Mr. Awadhesh Kumar Mishra waives service for respondent Nos. 1 & 2 (original petitioners).

3. Keeping in view the controversy that has been raised in the appeal, we are satisfied that the appeal deserves to be heard and disposed of at this stage itself.

4. We proceed accordingly.

5. Brajendra Tiwary was an employee in the State Bank of India (for short, the Bank). He died on 24thDecember, 2002. He is survived by his wife and son, who are presently respondent Nos. 1 & 2 (for short, the petitioners). The petitioners made an application for appointment of petitioner No. 2 (son) in the Bank on compassionate ground. In the application, it was stated that after the death of the employee, the family members have been put in condition of penury.

6. That at the time of death of Brajendra Tiwary, the Bank had a Scheme of appointment on compassionate ground is not in dispute. It is also not in dispute that the Bank had superseded its Scheme of appointment on compassionate ground by Page 2988 the Scheme of Payment of Ex-Gratia Lumpsum Amount in lieu of appointment on compassionate ground with effect from 4thAugust, 2005.

7. The c