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2004 Supreme(All) 1463

TARUN AGARWALA
KRISHNA KUMAR – Appellant
Versus
ASSISTANT GENERAL MANAGER STATE BANK OF INDIA KANPUR – Respondent


Advocates Appeared:
ASHISH SRIVASTAVA, R.S.CHAUDHARY, Vipin Sinha,

TARUN AGARWALA, J.

The petitioners father was working as a Messenger in State Bank of India and died in harness on 28-3- 2000. An application was moved for appointment of the petitioner bank on compassionate ground which was declined by the competent authority vide its order dated 8-1-2002. This order has been challenged in the present writ petition and the petitioner has prayed not only for quashing of this order but also for a direction commanding the respondents to appoint the petitioner under the Dying-in- Harness Rules.

Heard learned counsel for the parties.

2. The application for appointment of the petitioner on compassionate ground has been rejected on the ground that the financial condition of the family could not be termed as penurious in view of the terminal benefits, investments, savings, family pension and monthly relief from Staff Mutual Welfare Scheme.

3. The respondents have filed the scheme for appointment on compassionate ground. The object of the scheme is quoted hereunder:-

"the object of granting compassionate appointment is to enable the family to tide over the sudden crisis due to the death of the bread-winner. The mere death of an employee in harness does not e























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