The main legal point established in the judgment is that the petitioner is entitled to the ex gratia amount as sanctioned by the respondent-bank, based on the beneficial legislation and the goal set out by the Constitution.

JUDGMENT :

JAGMOHAN BANSAL, J.

1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 18.03.2016 (Annexure P-6) whereby application of the petitioner seeking compassionate appointment has been declined.

2. The husband of the petitioner was working with respondent-Oriental Bank of Commerce as Head Peon. He passed away on 25.12.2014 in harness. He was survived by his wife-petitioner and two children. The petitioner vide application dated 20.04.2015 (Annexure P-2) requested the respondent-bank to extend benefit of ex gratia scheme. The respondent-bank put up the matter before the higher authorities. The General Manager (HRD) vide communication dated 10.03.2016 (Annexure P-5) intimated Regional Office that petitioner is not entitled to compassionate appointment, however, she may be released a sum of Rs.6 Lacs as ex gratia amount subject to furnishing of documents jotted down in the said letter. Letter dated 10.03.2016 is reproduced as below:-

“APPOINTMENT ON COMPASSIONATE APPOINTMENT GROUNDS- SH. SHIV KUMAR S/O SH. SATPAL, EX HEAD PEON, B/O G.T. KARNAL.

This has reference to the application to the application of Sh. Shiv Kumar S/o late Sh. Satpal, Ex- Head Peon. B/O G.T. Karnal for appointment in the bank on compassionate grounds. In this connection, we regret to inform that the request of the subject for appointment on compassionate grounds has been considered but not acceded to by the competent authority as per provision of the scheme.

But as per scheme for payment of Ex-gratia amount in lieu of appointment on compassionate grounds family of family of the deceased is eligible for EX Gratia Amount. You are advised to make the payment of Ex Gratia amount of Rs 6,00 000.00 (Six Lacs only ) to the legal heirs of the deceased to the debit of Charges General (Estt) through B/O G.T. Karnal after obtaining the affidavit, letter of authority subject to fulfillment of the following conditions:

1. Ensure to confirm the authenticity of the claimant being the lawful legal heir of the deceased and he/she falls under the definition of “Family” as circulated vide our Circular No.HRD/64/35/2007/290 dated 26.09.2007. All papers/documents as required in case of settlement of claims of deceased depositor as circulated vide Recovery and Law Deptt. Circular No.HO/Recovery&Law/14/2006-07/602 dated 26.03.2007, HO/REC & Law Circular No.02/2015-16/40 dated 01.04.2015 are to be obtained from the claimants in proof of their being the legal heir of the deceased kept on record.

2. Before release of payment of ex-gratia, it should be ensured that no dues/loans exist against the name of the deceased. All the outstanding dues/loans against the name of the deceased are to be recovered from the amount of ex-gratia payable.

3. Receipt for payment of ex-gratia amount in lieu of appointment on compassionate grounds as per performa enclosed is obtained and kept on record.

Further, you are requested to inform us the action taken in the matter and a copy of the receipt for payment of ex-gratia amount in lieu of appointment on compassionate grounds is sent to us for our record.”

3. The respondent-bank vide communication dated 18.03.2016 (Annexure P-6) intimated son of the petitioner that his application for compassionate appointment has been declined, however, as per scheme for payment of ex gratia amount in lieu of appointment on compassionate grounds, family is eligible for ex gratia amount of Rs. 6 Lacs. Letter dated 18.03.2016 is reproduced as below:-

“Sub: Your application for employment in Bank on compassionate grounds.

In reference to your application for appointment in the Bank on compassionate grounds we regret to inform that your request has been considered but not acceded to by the competent authority as per provisions of scheme, but as per scheme for payment of Ex-gratia amount in lieu of appointment on compassionate grounds family of the deceased (Sh. Satpal) is eligible for Ex Gratia amount