JUDGMENT :

Sudhir Agarwal, J.

1. Heard Sri Abhishek Dwivedi, Advocate holding brief of Sri Vineet Kumar Singh, learned Counsel for petitioner and perused the material available on record.

2. Petitioner claimed compassionate appointment but the same has been negated by Bank on the ground that she has received terminal benefits of Rs. 2,38,975/- and also getting family pension of Rs. 4,969/- per month, therefore, petitioner is not in a penurious condition so as to entitle her compassionate appointment.

3. It is contended on behalf of petitioner that aforesaid dues could not have been taken into consideration for the purpose of denial of compassionate appointment.

4. Petitioner's husband, Gajanand Tambe was permanent employee in Union Bank of India working on the post of Cashier and died in harness on 17.8.2000 on account of Cancer. Thereafter, petitioner applied for compassionate appointment vide Application dated Nil, a copy whereof has been filed as Annexure-5 to the writ petition which shows that deceased husband left his old mother, aged about 75 years, petitioner, the widow, one son aged about 15 years and daughter aged about 10 years. Both children were undergoing studies at the tim