ORAL JUDGMENT

Date: 21-03-2024 The present writ petition has been filed for setting aside the order dated 30.7.2021, issued by the Assistant General Manager (HR), State Bank of India, Human Resources Department, North Eastern Circle, Guwahati, Assam i.e. the Respondent No. 3, whereby and whereunder the petitioner has been informed that her case does not fall within the purview of the Bank’s policy of compassionate appointment, however, she can deposit the requisite documents, whereupon ex-gratia amount shall be paid to her instead of grant of compassionate appointment.

2. The brief facts of the case, according to the petitioner, are that the husband of the petitioner was appointed as Assistant / Stenographer in the Clerical Cadre of the Respondent-Bank, vide appointment letter dated 17.12.2012 and during the course of time, he was promoted to the post of Assistant Manager. The husband of the petitioner unfortunately died in harness in a road accident on 22.01.2021, while posted as Assistant Manager at the Balijan Branch of the State Bank of India.

3. The learned counsel for the petitioner has submitted that the petitioner is well qualified, inasmuch as she is a graduate from the B. N. Mandal University as also possesses diploma in Information Technology from Ascent Computer Education, hence, she should be granted appointment on compassionate ground. It is also submitted that after the petitioner came out of shock & trauma, she had filed an application for grant of appointment on compassionate ground on 20.7.2021, by an email sent to the Respondent No. 2, however, the Respondent No. 3, vide letter dated 30.7.2021, has denied appointment on compassionate ground and has instead asked her to submit requisite documents so that adequate ex-gratia amount can be paid to her.

4. Per contra, the learned counsel for the Respondents has submitted, by referring to the counter affidavit filed in the present case that first of all, the present writ petition is not maintainable, inasmuch as the impugned order dated 30.7.2021 has been passed by the authority, situated at Guwahati, in the State of Assam, hence, the petitioner ought to have preferred a writ petition before the appropriate forum / Court of law having competent jurisdiction. It is further submitted that the impugned order dated 30.7.2021 has been passed by the Respondent No. 3, as per the “State Bank of India Scheme for Compassionate Appointment in Exceptional Circumstances” (herein after referred to as the “Scheme dated 27.12.2014”), issued vide E- Circular No. CDO/P&HRD- PM/65/2014-15, dated 27.12.2014 [which was applicable on the date of death of Late Vishal Raj i.e the husband of the petitioner], hence the same does not warrant any interference by this Hon'ble Court.

5. The learned counsel for the Respondent-Bank has further submitted that as per the applicable scheme dated 27.12.2014 (Annexure-R/1), compassionate appointment can be given only in exceptional circumstances and the mere death of an employee in harness does not entitle his family for compassionate appointment. The said scheme dt. 27.12.2014 provides for either of the two eventualities, which are being reproduced herein below-

“The compassionate appointment can be given in eligible cases to dependent family members of a permanent employee of the Bank who:-

(i). Dies while performing official duty, as a result of violence, terrorism, robbery or dacoity, or (ii). Dies within five years of first appointment or before reaching the age of 30 years, whichever is later, leaving a dependent spouse and / or minor children.”

6. Thus, it is submitted by the learned counsel for the Respondents that as per the First Information Report bearing Gohpur FIR No. 58/21, dated 19.02.2021, the death of Late Shri Vishal Raj (deceased husband of the petitioner) occurred on 22.01.2021 on account of road accident and not due to any exceptional circumstances, as has also been admitted by the petitioner in her writ application. Moreover, on the