ORDER :

This petition is filed by the petitioner being aggrieved of order dated 03.05.2017 passed by the respondent No.3/Bank, rejecting petitioner's claim for grant of compassionate appointment. .

2. Petitioner's contention is that petitioner's father Shri Indrapal Singh Tomar was given appointment in the respondent/Bank on 7.01.1981. He died in harness on 12.01.2017. Petitioner had applied for compassionate appointment that has been rejected vide impugned order dated 03.05.2017.

3. Shri Anup Singh, learned counsel for the petitioner submits that as per the provisions contained in Annexure P-6, scheme for compassionate appointment was applicable for appointment in Public Sector Banks and therefore, reading clause 1.1 of the said Annexure P-6 at internal page 25, it is submitted that the dependent/family member of a permanent employee of a public sector bank (PSB) was entitled for grant of compassionate appointment.

4. Thereafter, petitioner has placed reliance on the Bank's Circular dated 06.09.2019 (Annexure P-8) to point out that Bank had extended the benefit of grant of compassionate appointment, para-8 of which is read as under:

^^8- vkosnu ij fopkj djus ds fy, le; lhek &
8-1½ vuqdaik fu;qfDr ds fy, vkosnu ij deZpkjh dh e`R;q@fpfdRlk ds vk/kkj ij lsokfuo`fr dh fnukad ls 05 o"kZ dh vof/k rd ifjokj ds vkfJr lnL; }kjk izLrqr fd;k tkuk pkfg,A izkIr vkosnuksa ij ojh;rk ds vk/kkj ij fu.kZ; fy;k tkosxkA
8-2½ ,slk dksbZ vuqdaik fu;qfDr gsrq vkosnu ftlesa deZpkjh dh e`R;q@fpfdRlk vk/kkj ij lsokfuo`fr dks 05 o"kZ ls vf/kd le; O;rhr gks pqdk gS] mDr vkosnu ij Hkh lgkuqHkwfriw.kZ rjhds ls fopkj fd;k tk ldrk gSA ,sls ekeyksa esa ifjokj dh okLrfod vkfFkZd fLFkfr] fuokZg ds lk/ku bR;kfn ij foLr`r tkap djus ds i'pkr vuqdaik fu;qfDr ij fopkj fd;k tkosxkA ,sls ekeyksa esa fu.kZ; cksMZ Lrj ij fy;k tkosxkA
Vhi %& vuqdaik fu;qfDr dh ;kstuk cSad ds funs'kd e.My ds vuqeksnu fnukad 27 ekpZ 2019 ls cSad esa izHkkoh gS] fnukad 27 ekpZ 2019 ds iwoZ e`rd@fpfdRldh; vk/kkj ij lsokfuo`r deZpkfj;ksa ds izdj.kkas esa cSad ds ifji= Ø0 % dkfeZd@12&13@04 fnukad 10-11-2012 ds ek/;e tkjh funsZ'k izHkkoh gksaxsaA^^

5. Placing reliance on the judgment of Allahabad High Court in the case of Manjeet Kaur Vs. State of U.P. & Ors. decided in Writ A No. 2615 of 2023, it is submitted that Allahabad High Court has held that since the application was made within 05 years of the death, Circular of the year, 2019 will be applicable. Similarly, reliance is placed on the judgment of High Court at Calcutta in the case of Bhargab Kumar Vs. Union of India & Ors. in WPA No. 9753 of 2023 decided on 16.05.2023, where ratio of law is similar to that of the Allahabad High Court. Reliance is also placed on the Government of India Ministry of Finance Circular dated 14th September, 2023 which conveyed the approval of the Government for implementation of the revised model scheme for appointment on compassionate ground in RRB as per the scheme in Public Sector Banks, in terms of NABARD letter dated 09.01.2019.

6. Shri Ashish Shroti learned counsel for respondent, in his turn submits that Annexure P-8 has no retrospective application. Note below Clause8.2 makes it clear that persons who died before 27.03.2019 will not be governed by the said policy. It is otherwise settled law that policy on the date of the death of serving employee is to be taken into consideration.

7. After hearing, learned counsel for the parties and going through the record, it is evident that there is no retrospective application of the policy contained in Annexure P-8. That policy is applicable from 27.03.2019.

8. Allahabad High Court in the case of Smt. Manjeet Kaur has failed to take into consideration this aspect that note below Clause 8.2 specifically provides for non-application of the policy in the matters of death, taking place prior to 27.03.2019. Therefore, for the failure of the Allahabad High Court to take into consideration, note, below clause 8.2, of the policy which has been reproduced above, this judgment hav