The court ruled that the absence of documentation from the bank invalidated its rejection of the petitioner's claim for ex-gratia payment, mandating reconsideration under the applicable compassionate appointment scheme.

ORDER :

1. The present writ petition has been filed challenging the impugned order dated 30.04.2020 and quash the same and for a consequential direction to the respondents to consider the claim of the petitioner for providing ex-gratia payment in lieu of compassionae appointment as per the Scheme notified vide Circular dated 28.09.2015 to the petitioner

2. The brief facts of the case are as follows:-

The case of the petitioner is that his father was working as Shroff/Godown Keeper in the first respondent Bank at Chockikulam Branch, Madurai and he died while in service on 10.05.2006. The petitioner applied for appointment on compassionate grounds in the year 2006 itself. However, the same was not considered on the ground that there is no provision for compassionate appointment. Again, the petitioner applied for compassionate appointment in the prescribed format on 25.02.2019 and the same was rejected by the second respondent by its letter dated 04.03.2019. Aggrieved by the order of rejection of the Compassionate appointment, the petitioner earlier filed writ petition in W.P.No.15471 of 2019 challenging the said order for a favourably consideration of his claim for compassionate appointment and this Court directed the respondent to consider the representation of the petitioner afresh for ex-gratia amount in lieu of compassionate appointment in accordance with the scheme. However, the second respondent Bank passed the impugned letter dated 30.04.2020 stating that the application for ex-gratia amount should be submitted within one year from the date of death of the deceased employee viz., Mr.P.Muthuraj. Aggrieved by the order of rejecting the claim for ex- gratia payment , the petitioner has come forward with the present writ petition.

3. The learned Senior counsel appearing for the petitioner would submit that only in the year 2014 as per the Government of India instructions, the respondent bank has evolved Scheme for compassionate appointment. The new Scheme floated by the respondent bank provides for either compassionate appointment or payment of lumpsum ex-gratia amount in lieu of compassionate appointment. In the case of clerical staff, the ex- gratia payment fixed at Rs.7,00,000/- ( Rupees seven lakhs only). The second respondent has rejected the application for compassionate appointment by its letter dated 04.03.2019 stating that “ in this connection, you made a request for compassionate appointment for yourself , on demise of your father, cannot be considered favourably since the Scheme for compassionate appointment was not in vogue at the time of death of Mr.C.Muthuraj, the father of the petitioner.

4. The learned Senior counsel appearing for the petitioner further submitted that the petitioner's mother has given a representation as early as 20.08.2006 to the respondent bank requesting for appointment to her son on the compassionate ground since she is not a position to work in the bank. As per circular issued by the respondent bank dated 28.03.2015 vide Reference No.EST/95/2014-2015 dated 28.03.2014, in regard to payment of ex gratia amount it reads as under : -

5. The learned Senior counsel further referred to the scheme for compassionate appointment /payment of ex-gratia lumsump amount in lieu of compassionate appointment. In which, the cadre wise ceiling of ex-gratia amount payable at present is as follows:-

6. It is evident from the Income Certificate of the petitioner vide No.TN-4201912065372 dated 09.12.2019 issued by the Zonal Deputy Tahsildar, Madurai North which evidences that the "financial condition and indigent circumstances has not changed and he is eligible ex-gratia in lieu of compassionate appointment.

7. A Counter affidavit filed on behalf of the second respondent dated 30.012021.

8. The learned counsel appearing for the respondents wou