HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.19204 of 2020

ORDER:

Heard Sri Mamidi Venu Madhav, learned counsel appearing on behalf of the petitioners, Sri Gadi Praveen Kumar, learned Deputy Solicitor General of I ndia, appearing on behalf of respondent No.1 and Sri T. Koteswara Rao, learned counsel for State Bank of I ndia, appearing on behalf of respondent No.2.

2. The petitioners filed the writ petition seeking the following relief “… to issue any appropriate writ, order or direction more particularly in the nature of Writ of Mandamus declaring that the dependents of the deceased family Shaik Ghousuddin (who worked as DECO at SBH, Chikkadpally branch, Hyderabad died in harness) are entitled for appointment on compassionate grounds in view of the Scheme 2014 de horse the payment of Ex-Gratia amount in Scheme 2005 Impugned Proceeding No PER/GR VIII/CA/312 Dated 11-04-2015 and the action of the respondents not considering the case of the petitioners for compassionate appointment in addition to payment of Ex- Gratia is illegal, arbitrary and mala fide and violation of Articles 14, 16 and 21 and consequently direct the respondents to consider the claim of the petitioners for compassionate ground pass...”.

3. The case of the petitioners, in brief, is that the husband of 1^st petitioner Shaik Ghausuddin had worked as Clerk-cum-Cashier at SBH, Chikkadpally Branch, Hyderabad. On 07.11.2014 while driving two wheeler, the 1^st petitioner’s husband colluded with a divider and sustained head injury and subsequently died in harness on 25.11.2014 at Sunshine Hospital, Secunderabad. On 23.03.2015, 1^st petitioner applied for compassionate appointment under a Scheme for Compassionate Appointment in Public Sector Banks which was introduced by the Government of India w.e.f. 05.08.2014. Under the said Scheme 2014, the employees of the bank, who died while in service, the dependent family members of the deceased employee including spouse, children and dependent family members are entitled for compassionate appointment. The 1^st petitioner applied for compassionate appointment on 23.12.2014, 23.03.2015 and 29.06.2015, but the SBH head office issued the impugned order PER/GR.VIII/CA/312, dated 11.04.2015 stating that 1^st petitioner is not entitled for compassionate appointment. It is further case of the petitioners that the Scheme 2014 is applicable to the petitioners but the respondent Bank denied the request of the petitioners made vide the said representations. Aggrieved by the impugned proceeding No.

PER/GR VIII/CA/312 Dated 11.04.2015, the petitioner approached the Court by filing the present writ petition.

4. PERUSED THE RECORD (A) The order impugned No. PER/ GR VI I I / CA/ 312 Dated 11-04-2015 issued by the Deputy General Manager, Regional Office, Hyderabad is extracted hereunder:

“SBH STATE BANK OF HYDERABAD HEAD OFFICE, GUNFOUNDRY, HYDERABAD – 500 001. A.P.

PERSONAL DEPARTMENT HEAD OFFICE, HYDERABAD PER/GR.VIII/CA/312 DATE : 11.04.2015.

Staff_Award-late Sri Shaik Ghousuddin, PF:192924, Cashier/ Clerk, Chikkadpally branch expired on 25.11.2014 - Request for appointment on compassionate grounds.

Please refer to your letter no.F/Staff/5297 dated 24.03.2015 on the captioned subject.

In terms of guidelines in vogue as envisaged in HO circular No. PER/2010-11/53 dated 30.08.2011 PER/2015-16/2 dated 07.04.2015 the requests for appointment on compassionate ground will be examined and considered in respect of cases of dependents of:

Employees die while performing his official duty, as a result of violence, terrorism, robbery or decoity.

Employees die within five years of his first appointment or before reaching the age of 30 years, whichever is later, leaving a dependent spouse and/or minor children.

This instant case, as the request of the applicant does not fall under the above guidelines, we express our inability to examine and process the request of the applicant.

Hence, we request you to advise the applicant to apply for payment of Ex-gratia Lu