Compassionate appointment applications must be filed in a timely manner; mere death of an employee does not entitle family to automatic benefits without demonstrating need.

JUDGMENT :

Partha Sarthy, J.

Heard learned counsel for the petitioner and learned counsel for the respondents State Bank of India (herein after referred to as ‘the Bank’).

2. The petitioner has filed the instant application for a direction to the respondents to appoint the petitioner on the post of messenger (sandesh wahak) on compassionate ground on account of the death of his father who died in harness on 12.5.2003. Further prayer is made for directing the respondents to pay an ex-gratia amount on account of the death of petitioner’s father, to restart the petitioner’s family pension which was being paid to him till January, 2018 and for all other reliefs to which the petitioner is found entitled.

3. The relevant facts in brief are that the father of the petitioner who was working on the post of a messenger (sandesh wahak) in the Anisabad Branch of the Bank died on 12.5.2003 while in service. The mother of the petitioner having predeceased his father, on attaining majority on 6.8.2011, the petitioner filed an application for appointment on compassionate ground on 14.8.2012. Not having received any response nor any relief from the respondents, the petitioner followed up his earlier applications by further representations including the last on 26.6.2018. The petitioner not having received any positive response from the respondent Bank moved this Court by filing the instant writ application seeking the relief as stated herein above.

4. It is submitted by learned counsel appearing for the petitioner that from the contents of the counter affidavit, it transpired that the application for appointment on compassionate ground filed by the petitioner was rejected by the Bank sometime in the year 2018 on the ground that the scheme of compassionate appointment had been withdrawn by the Bank with effect from 4.8.2005. It is further stated that subsequently by circular dated 13.5.2011, the Bank once again came up with a new scheme for appointment on compassionate ground in exceptional cases. However, even therein, the same was not applicable in case of employees whose death had occurred prior to 4.8.2005. Learned counsel submits that there being a scheme for compassionate appointment of the Bank at the time of death of his father in the year 2003, his application should have been considered in the right perspective. The order rejecting his application be set aside and he be appointed on compassionate ground.

5. Learned counsel for the petitioner further submits that the Bank had also come out with the scheme for payment of ex-gratia lump sum amount in lieu of appointment on compassionate grounds in the Bank. Though the petitioner had made an application for payment of the said amount as an alternative, his application was not considered for the reasons as communicated by the Bank in their letter dated 15.12.2018, according to which the petitioner was asked to furnish further certificates/documents as mentioned in the said letter. It is submitted that the Bank be directed to consider the application of the petitioner for ex-gratia payment.

6. Learned counsel for the petitioner lastly submitted that as per the scheme of the Bank, he was getting family pension till January, 2018. The amount had to be paid till the petitioner attained the age of 25 years. However, the petitioner has not been paid the family pension for the period from February, 2018 to July 2018 which the Bank be directed to pay to the petitioner within a time fixed.

7. The application is opposed by learned counsel appearing for the Bank who submits that the father of the petitioner having died in the year 2003, the application for appointment on compassionate ground was filed by the petitioner for the first time in the year 2012. Besides the reasons mentioned in the