The court ruled that compassionate appointment requests can be considered even if the employee's death occurred before the scheme's inception, provided the application is made within five years of the death.

ORDER :

RAJESH SHANKAR, J.

The present writ petition has been filed for quashing letter no. 319 dated 01.06.2020 (Annexure-4 to the writ petition) and letter no. 702 dated 12.10.2022 (Annexure-6 to the writ petition) issued under the signature of the respondent no. 3 – the General Manager, Jharkhand Rajya Gramin Bank, Ranchi, whereby the claim of the petitioner for compassionate appointment has been rejected. Further prayer has been made for issuance of direction upon the respondents to appoint the petitioner on compassionate ground in view of the applicable scheme of appointment on compassionate ground floated in the erstwhile Vananchal Gramin Bank with effect from 08.03.2019.

2. Learned counsel for the petitioner submits that the petitioner’s father – Siddheshwar Lal Kunjilwar, while working as Office Assistant in Vananchal Gramin Bank, Jasidih Branch, Deoghar, presently known as Jharkhand Rajya Gramin Bank, died in harness on 28.08.2016 leaving behind his widow – Mrs. Shobha Devi, two sons namely, Mukund Lal Kunjilwar & Kumar Keshav (the petitioner herein) and one married daughter namely, Mrs. Soni Kunjilwar. All the aforesaid legal heirs except the married daughter were solely dependent on the income of his father Late Siddheshwar Lal Kunjilwar. The petitioner being a Graduate (B.com Honrs.) made an application seeking compassionate appointment in the year 2017 with the consent of other legal heirs of Late Siddheshwar Lal Kunjilwar, however, his case was not considered on the ground that there was no such existing scheme for compassionate appointment in Vananchal Gramin Bank. The petitioner made fresh representations on 21.06.2019 and 02.08.2019 to the concerned authorities and finally, vide impugned letter dated 01.06.2020, his request for compassionate appointment was rejected on the ground that as per letter No. F.No.7/38/2014-RRB dated 31.12.2018 issued by the Government of India and letter no. NB.IDD.RRB/316 (Compassionate Appoint.)/2018-19 dated 09.01.2019 issued by NABARD, the scheme with respect to compassionate appointment was to be enforced from the date the Board of Directors of the concerned Gramin Bank approved the same. It was further mentioned in the said letter that the scheme with respect to compassionate appointment was approved in the meetings of the Board of Directors of the erstwhile Jharkhand Gramin Bank held on 12.02.2019 and the Board of Directors of the erstwhile Vananchal Gramin Bank held on 08.03.2019 and the scheme was made operative from the said respective dates. It was thus observed in the letter dated 01.06.2020 that since the petitioner’s father had died on 28.08.2016 i.e., prior to coming into force of the scheme for compassionate appointment, he was not entitled to get compassionate appointment in Jharkhand Rajya Gramin Bank due to demise of his father. Subsequently, the petitioner represented the Board of Directors, Jharkhand Rajya Gramin Bank on 28.08.2022 and vide letter dated 12.10.2022 (Annexure-6 to the writ petition), the petitioner’s request was again rejected on the said ground by the respondent no. 3.

3. Learned counsel for the petitioner, while referring to the judgment dated 03.07.2023 rendered in the case of “Aman Kumar Vs. Jharkhand Rajya Gramin Bank, Ranchi & Ors. (L.P.A No. 325 of 2020), submits that the learned Division Bench of this Court while interpreting different provisions of scheme for compassionate appointment made effective from 08.03.2019 in the erstwhile Vananchal Gramin Bank, has held as under:

8(vi) It is evident from Clause 8.1 that application for employment under the Scheme from eligible dependent