IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1475 of 2017 ======================================================

Asha Sinha, Wife of Late Satish Kumar, Resident of Mohalla- Gannipur, Near Law College, P.S.- Khazzimohhamadpur, District- Muzaffarpur.

... ... Petitioner/s Versus

1. The Chairman, Central Bank Of India and Ors

2. The General Manager PRS, Central Bank of India, Central Office, Nariman Point, Mumbai.

3. The Regional Manager, Central Bank of India, Siwan, Now since 2015 at Balutal, Motihari.

4. The General Manager HRD, Central Bank of India Terminal Benefits Department, Mumbai.

5. The Branch Manager, Central Bank of India, Barauli, District- Gopalganj.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate For the Respondent/Bank: Mr. Nilanjan Chatterjee, Advocate Mr. Ujjwal Raj, Advocate Mr. Sahil Kumar, Advocate Mr. Anirvan Choudhuri, Advocate Mr. Jyoti Prakash, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI

ORAL JUDGMENT

Date: 23-02-2026

1. The petitioner is wife of one Late Satish Kumar, who died in harness, while working in Central Bank of India, Barauli Branch, in the district of Gopalganj on 12^th of March, 2003. The petitioner submitted a representation on 10^th of April, 2003, praying for compassionate appointment in place of her deceased husband before the Respondent Bank Authority. By a letter, dated 14^th of March, 2005, the Central Office of the Respondent-Bank expressed their inability to consider the prayer for compassionate appointment and the applicant/petitioner was duly informed. Subsequently, on 16^th of June, 2006, the Bank published a Circular, bearing No. CO:HRD:R&P:2006-07:57, dated 16^th of June, 2006, delineating a Scheme for payment of ex-gratia lump-sum amount in lieu of appointment of compassionate ground. Paragraph Nos. 2 and 4 of the aforesaid Scheme are relevant and quoted below: -

“2. In this connection, we inform you that in super-session to all our previous circulars/letters/guidelines on appointment on compassionate grounds, we have now introduced a new scheme in the bank viz. payment of ex-gratia lump sum amount in lieu of appointment on compassionate grounds to the dependents of deceased employees/physically incapacitated employees in terms of Government/IBA guidelines and as such the scheme for providing appointment on compassionate grounds stands dispensed with. The new scheme comes into effect from 14.12.2005.

4. All pending cases as of

14.12.2005 and cases received/to be received thereafter will be processed as per the new scheme for payment of ex-

gratia lump sum amount, if eligible.”

2. Paragraph 5 of Annexure-1 of the above-

mentioned Circular speaks about the period within which application under the new Scheme would have to be made. In the light of the aforesaid Scheme, the petitioner has prayed for issuance of writ in the nature of Mandamus, commanding the Respondent Bank Authority to issue ex-gratia payment, family pension and contributory GPF contribution in favour of the petitioner.

3. The learned counsel appearing on behalf of the petitioner relies on a decision of the Division Bench of this Court in L.P.A. No. 514 of 2008 (The State Bank of India & Ors. v. Smt. Vindhwashini Devi & Anr.), decided on 8^th of August, 2008.

4. In this unreported decision, an employee of State Bank of India died on 24^th of December, 2002, when the prayer of the widow of the said Bank employee for compassionate appointment was pending, the new Scheme for payment of ex-gratia lump sum amount in lieu of appointment on compassionate ground came to be effective from 4^th of August, 2005. The Hon'ble Division Bench, placing reliance on Clause (14) of the said Scheme was pleased to hold that the writ petitioner was entitled under the new Scheme for payment of ex-gratia lump sum amount because her application for compassionate appointment was