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2023 Supreme(All) 1569

MANOJ KUMAR GUPTA, DONADI RAMESH
Authorized Officer, Prathama U. P. Bank – Appellant
Versus
Manjeet Kaur – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sachin Mishra, Ajal Krishna, Krishna Mohan Asthana.
For the Respondents: Ajay Kumar Mishra, Alok Tiwari, Sunil Sharma, Rakesh Kumar Mishra.

JUDGMENT :

1. The present batch of special appeals is against orders of different dates passed by learned Single Judges directing the appellant-Banks to consider the application of the contesting respondents for appointment under the Dying-in-Harness Scheme dated 10.5.2019.

2. All the appeals involve interpretation of certain Clauses of the Scheme so as to find out whether applications filed for compassionate appointment by dependents of a deceased employee of the Bank within a times-pan of five years prior to the date of enforcement of the Scheme, would be covered under the Scheme or not. Consequently, all the appeals were heard together. However, for sake of convenience, the facts in Special Appeal (Defective) No. 468 of 2023 (Regular Number 541 of 2023) are being taken note of in the instant order. These are as follows:

    (i) The husband of the respondent died on 19.1.2018 while in harness. At the relevant time, there was no scheme for appointment on compassionate grounds. The Scheme came into force on 1.3.2019.

(ii) The Bank vide a Communication dated 7.12.2021 informed the respondent that it would not be possible to consider her request for compassionate appointment as her husband h

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