IMPORTANT POINT
The main legal point established in the judgment is the prospective application of the scheme for appointment on compassionate ground dated 18.03.2019, the authority's duty to consider belated requests, and the financial means assessment for appointment on compassionate ground.

JUDGMENT :

Sujit Narayan Prasad, J.

The instant intra-court appeal, preferred under Clause 10 of the Letters Patent, is directed against the order/judgment dated 07.09.2020 passed by learned Single Judge of this Court in W.P.(S) No.4526 of 2019 by which the claim of the writ petitioner for appointment on compassionate ground which has been rejected by the authority on the ground that the day when the deceased employee, i.e., the father of the writ petitioner, had died, there was no scheme for appointment on compassionate ground, has been accepted by the learned Single Judge by dismissing the writ petition so far as it relates to the appointment on compassionate ground is concerned, however, so far as the condition stipulated in the scheme regarding payment of ex-gratia amount, the same has been directed to be paid within the stipulated period of 08 weeks.

2. Brief facts of the case as per the pleadings made in the writ proceeding, which are required to be enumerated herein, read as under :-

It is the case of the appellant that his father, namely, Ajay Kumar Verma was initially appointed on 18/01/1985 on the post of Accountant in Vananchal Gramin Bank.

2(i) After serving the respondent Bank for 32 years and 04 months, due to brain hemorrhage, the father of the appellant died on 01.05.2017 in harness and at the time of death 07 years 03 months’ service was remaining.

2(ii) The mother of the appellant, i.e., the wife of deceased, filed a representation on 30.05.2017 addressing the Respondent No.2 praying therein for payment of all death cum benefit as well as for providing employment on compassionate ground to her younger son, Aman Kumar, appellant herein.

2(iii) The mother of the appellant again filed an application on 26/02/2018 praying therein that in place of compensation amount, employment to her son Aman Kumar on compassionate ground be provided.

2(iv) It is the further case of the appellant that all the retirement benefit of the deceased employee like Provident Fund, Gratuity, Insurance, Leave Encashment, EPFO and SBI Life a sum of total Rs.31,26,112/- has been calculated in favour of Geeta Kumari, the mother of the appellant but the appointment on compassionate ground has not been given.

2(v) Being aggrieved, a writ petition being W.P.(S) No.4526 of 2019 has been filed praying therein for a direction upon the respondents to provide employment to the petitioner on compassionate ground in place of his deceased father, namely, Ajay Kumar Verma on the ground that in view of revised Scheme for appointment on compassionate ground/payment of ex-gratia in Vananchal Gramin Bank dated 18.03.2019, the petitioner is entitled for appointment on compassionate ground.

2(vi) The learned Single Judge, after hearing the parties, has dismissed the writ petition holding that on the date when the father of the writ petitioner had died, there was no scheme for appointment on compassionate ground, however, the ex-gratia amount has been directed to be paid within the stipulated period of 08 weeks.

2(vii) Against the aforesaid order, the instant intra-court appeal has been preferred.

3. It appears from the factual aspect as referred hereinabove based upon the pleading made on behalf of the writ petitioner that the father of the writ petitioner, namely, Ajay Kumar Verma, was initially appointed on 18.01.1985 as Accountant in the Vananchal Gramin Bank and died in harness on 01.05.2017.

3(i) The retiral benefit of the deceased employee like, Provident Fund, Gratuity, Insurance, Leave Encashment, EPFO and SBI Life have been calculated and a sum of Rs.31,26,112/- has been paid in favour of the mother of the writ petitioner, who happens to be the legally married wife of the deceased employee.

3(ii) The mother of the writ petitioner filed representation before the Respondent No.2 on 30.05.2017 praying therein for payment of death-cum-retiral benefit as well as to provide employment on compassionate ground to her younger son, the writ petitioner herein.

3(iii) The afor