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J. J. MUNIR
Sharda Devi – Appellant
Versus
General Manager, State Bank of India – Respondent
JUDGMENT :
(J.J. Munir, J.)
1. The petitioner's husband, the late Indra Mani Yadav was a Class-III employee in the service of the State Bank of India. He was posted at the State Bank of India, Branch Khalilabad, District Sant Kabir Nagar in the year 2007. He met with an accident and died in harness on 31.12.2007. The petitioner, the deceased employee's widow, moved the respondent Bank, seeking payment of death-retirement benefits on account of her husband's services. These benefits were paid to the petitioner by the Bank.
2. The petitioner next moved an application seeking compassionate appointment for her son. The Bank responded to the petitioner's application by their memo dated 01.12.2011 saying that w.e.f. 04.08.2005, the Establishment had discontinued granting compassionate appointment, but in its stead, pay a lump sum money, styled as ex gratia. It was said in the memo dated 01.12.2011 that the Bank were forwarding to the petitioner an application form for the payment of ex gratia, which the petitioner may, within a week of receipt thereof, submit to the Bank, completing all othe
Timeliness of applications under compassionate appointment schemes is crucial; late submissions may lead to dismissal.
The court ruled that the absence of documentation from the bank invalidated its rejection of the petitioner's claim for ex-gratia payment, mandating reconsideration under the applicable compassionate....
The main legal point established in the judgment is the entitlement to interest for the delay in payment of ex-gratia compensation, based on the principle of awarding interest when there is no specif....
The main legal point established in the judgment is that the scheme in force at the time of the employee's death is applicable for compassionate appointment, and the conditions stipulated in the sche....
Compassionate appointment cannot be claimed as a right and must adhere to the governing scheme, especially after an ex-gratia payment has been received.
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