Eligibility for compassionate appointment based on Class-XII qualification and the right to make a representation for reconsideration.

JUDGMENT

Jyoti Singh, J. (Oral)

CM APPL. 120/2023 & 121/2023 (Exemptions)

1. Allowed, subject to all just exceptions.

2. Applications stand disposed of.

W.P.(C) 48/2023

3. Present writ petition has been filed by the Petitioner seeking a direction to the Respondent Bank to give Compassionate Employment to the Petitioner with effect from 28.10.2022 as also for quashing the impugned order dated 28.10.2022.

4. Briefly put, the case of the Petitioner is that his father Late Sh.Nand Kishor was employed with the Bank as Daftary and died on 07.02.2015. Late Sh. Nand Kishor was working since 01.04.1977 in United Bank of India, which is now merged with the Respondent Bank.

5. On 07.03.2015, Petitioner's mother received a letter, whereby she learnt that a Scheme for Compassionate Appointment had been introduced in United Bank of India. Petitioner made a representation dated 23.03.2015 seeking Compassionate Appointment on the death of his father, however, the representation was rejected on the ground that Petitioner did not possess the required entry level qualification i.e. Matriculation, for recruitment in the Subordinate-Cadre.

6. It is the case of the Petitioner in the present writ petition that he has now acquired 12th Class qualification and is eligible under the Scheme for compassionate appointment to the post of a Peon. It is stated that a representation was made to the erstwhile Bank enclosing the 12th Class Certificate for re-considering his case for appointment as a Peon but no favourable response has been received.

7. Learned counsel for the Petitioner submits that it would suffice, at this stage, if the Petitioner is permitted to make a comprehensive and detailed representation to the Respondent along with the Class 12th Certificate seeking re-consideration of his case for compassionate appointment.

8. This Court finds no impediment in the Petitioner making a representation for consideration of his case on the strength of his Class-XII qualification. Let the representation be made by the Petitioner within a period of three weeks from today.

9. Upon receipt of the representation, the same shall be decided by the Respondent within a period of six weeks by passing a reasoned and speaking order.

10. Needless to state that the decision taken by the Respondent shall be communicated to the Petitioner and in case of any surviving grievance thereafter, Petitioner shall be at liberty to take recourse to remedies available in law.

11. Writ petition is disposed of in the aforesaid terms.