JUDGMENT :

1. A rejoinder affidavit has been filed by Mr. Kanhaiya Lal, learned Counsel for the petitioner in Court today. It is taken on record. Let it be numbered by the office.

2. Parties have exchanged affidavits.

3. Admit.

4. Heard forthwith.

5. Heard Mr. Kanhaiya Lal, learned Counsel for the petitioner and Mr. Satish Chaturvedi, learned Counsel appearing on behalf of the respondents.

6. This writ petition has been filed by the petitioner laying a challenge to the order dated 'nil', annexed as Annexure No.10 to the writ petition, rejecting his claim for compassionate appointment. The compassionate appointment has been claimed by the petitioner on account of his father's death in harness.

7. The petitioner's father, the late Gopal Chandra was a permanent employee of the State Bank of India, who was posted as a Sweeper in the office of the Branch Manager, N.R.I. (Computerized Branch), State Bank of India, Main Branch, Kutchehari Road, Prayagraj. He died in harness on 17.10.2016. The late Gopal Chandra left behind him his widow, Smt. Sumitra Devi, four daughters, to wit, Smt. Reena Devi, Smt. Renu Devi, Smt. Ruchi Devi, Km. Shilu and a son, Chandan Kumar, the petitioner here. There is no issue about the fact that the petitioner's father died in harness or that he was a permanent employee of the State Bank of India or that he has left behind family members as above described. It is also not in dispute that the petitioner is the deceased employee's son. The petitioner has asserted that he is a member of the Scheduled Caste, called 'Hela'. The said fact has also not been denied by the respondents.

8. The petitioner passed his High School in the year 2013 and the Intermediate Examination in the year 2016, both conducted by the Board of High School and Intermediate Education, U.P. After the petitioner's father's demise, the petitioner's mother moved an application before the Branch Manager, N.R.I. (Computerized Branch), State Bank of India, Main Branch, Kutchehari Road, Prayagraj, seeking compassionate appointment for her son under the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (for short, 'the Dying in Harness Rules'). In response, the petitioner received a memo dated 10.02.2017 from the Branch Manager, saying that there is no scheme for compassionate appointment in the Bank. The Branch Manager, however, conveyed that they had introduced a new scheme in place of compassionate appointment, providing for the payment of lump-sum ex gratia in cases of death in harness. Thus, the Branch Manager declined the petitioner's claim. A similar memo dated 28.03.2017 was issued by the Regional Manager, State Bank of India, Sardar Patel Marg, Civil Lines, Prayagraj, conveying the Bank's inability to appoint the petitioner in the absence of a scheme for compassionate appointment. The petitioner's mother was again apprised about the substitute for compassionate appointment, to wit, ex gratia payment in lump-sum.

9. The petitioner instituted a writ petition, titled as Chandan Kumar v. The Chairman Principal Officer and others, Neutral Citation No. 2022 AHC 80411, seeking a direction to the respondents to consider his case for compassionate appointment. The said petition was disposed of by this Court in terms of an order dated 25.05.2022, directing the respondent Bank to consider and decide the petitioner's application for compassionate appointment strictly in accordance with law within a period of three months of the date of production of a certified copy of that order. It is in compliance with the said order that the Deputy General manager (B & O), State Bank of India, Administrative Office, Prayagraj has passed the order impugned, rejecting the petitioner's claim.

10. Aggrieved, the petitioner has instituted the present writ petition.

11. The contention of the learned Counsel for the petitioner is that after introduction of the scheme for compassionate appointment dated 05.08.2014 approved by the