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2010 Supreme(All) 3327

A.P.SAHI
SONAM SHARMA – Appellant
Versus
BANK OF BARODA – Respondent


Advocates:
Counsel :
M.D. Singh 'Shekhar' and R.D. Tiwari for the Petitioner; Kartikeya Saran, Vipin Sinha and A.K. Singh, A.S.G.I. for the Respondents.

JUDGMENT

Hon’ble A.P. Sahi, J.—Heard Sri M.D. Singh Shekhar, learned Senior Counsel for the petitioner and Sri Kartikeya Saran holding brief of Sri Vipin Sinha, learned counsel for the respondent Nos. 1 to 4. None appears on behalf of the respondent No. 5.

2. The case of the petitioner is that her father died on 29th June, 2004 while working in the respondent-Bank in harness. Consequent thereto, the petitioner’s mother applied for compassionate appointment, which claim was rejected on 6th April, 2005 on account of her advanced age. The petitioner moved an application for compassionate appointment on 31st May, 2005. The respondents have refused to accept the request of compassionate appointment and have alternatively offered a financial sanction of Rs. 6,00,000/- (Six lacs) as ex-gratia payment described as financial relief to the family.

3. Sri M.D. Singh Shekhar, learned Senior Counsel for the petitioner submits that in view of the scheme, which was prevalent at the time of death of the petitioner’s father, the petitioner is entitled for being considered for compassionate appointment and any subsequent circular issued by the Bank would not divest the petitioner of her legitimate cl








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