ORDER :

1. Grievance of petitioner in this petition is non consideration of the claim of petitioner for grant of compassionate appointment.

2. Facts relevant for disposal of this petition are that father of petitioner late Rajendra Prasad Kushwaha while working on the post of Senior Head Messenger in State Bank of India, Branch Surajpur died in harness on 12.11.2018. After untimely death of his father, mother of petitioner submitted an application before respondent No.1 stating that after the sad demise of her husband her family is facing grave financial crises, therefore, the petitioner be provided compassionate appointment. She further submitted an application that she is not willing to take ex-gratia amount in case her son is provided compassionate appointment. The application submitted by petitioner for compassionate appointment was not considered in accordance with the circular dated 11.08.2014 and filed this petition seeking following reliefs :-

“10.1 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to consider the case of petitioner for grant of compassionate appointment as per circular/rules prevailing in the Bank.

10.2. That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.”

3. Learned counsel for petitioner submits that Director, Government of India, Ministry of Finance, Department of Financial Services, New Delhi issued letter dated 07.08.2014 and conveyed the approval of Government on the proposal of Indian Bank Association observing to open compassionate appointment in Public Sector Bank on the lines of Central Government and to discontinue the provisions of ex-gratia in lieu of compassionate appointment in Public Sector Banks. The Central Government requested Indian Bank Association to take appropriate action to circulate the revised scheme. State Bank of India with whom father of petitioner was under employment at the time of his untimely death is a Public Sector Bank and therefore is under obligation to comply with the directives issued by the Central Government. Date of death of father of petitioner is 12.11.2018, which is after letter dated 07.08.2014 of the Central Government directing the Banks to open compassionate appointment and therefore, the respondents are duty bound to provide compassionate appointment to petitioner as directed in letter dated 07.08.2014. Denying compassionate appointment to petitioner is arbitrary, unreasonable and unjust.

4. Learned counsel for respondents opposing the submission of learned counsel for petitioner would submit that respondents- Bank vide circular dated 04.08.2005 introduced the scheme of payment of ex-gratia lumpsum amount in lieu of compassionate ground. The above scheme replaced the earlier scheme of compassionate appointment. He contended that vide circular dated 13.05.2011 Bank introduced SBI scheme for appointment on compassionate ground in exceptional cases. After receipt of communication from Ministry of Finance, Government of India dated 05.12.2014 respondents Bank formulated new scheme for compassionate appointment in exceptional circumstances and scheme for payment of ex-gratia lumpsum amount in lieu of compassionate appointment which was circulated vide letter dated 27.12.2014 to all its Branch. The compassionate appointment is only granted when the permanent employee of the Bank dies while performing official duties as a result of violence, terrorism, robbery or dacoity and secondly when the employee dies within five years of first appointment or before reaching the age of 30 years whichever is later leaving behind the dependent spouse and or minor children. Case of petitioner does not fall within the exceptional circumstances. Respondents bank wrote several letter to the mother of petitioner to claim for ex-gratia amount but mother of petitioner has not claimed and refused to accept the same and again letter was sent to pe