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2010 Supreme(SC) 146

K.S.RADHAKRISHNAN, R.V.RAVEENDRAN
State Bank of India – Appellant
Versus
Raj Kumar – Respondent


Judgment :-

R.V. RAVEENDRAN, J.

Leave granted. Heard the parties.

2. The respondent's father employed as a Messenger in the Appellant Bank, died on 1.10.2004. Respondent's mother made applications dated 6.6.2005 and 14.6.2005 requesting for his appointment on compassionate grounds. When the applications were being processed and verified, the compassionate appointment scheme was substituted by the "SBI Scheme for payment of ex-gratia Lumpsum Amount" with effect from 4.8.2005. The new scheme abolished the old scheme for compassionate appointments and instead provided for payment of an ex gratia lumpsum amount as per its terms. Clauses 14 and 15 of the new scheme relevant for our purpose are extracted below:

"14. Date of effect of the Scheme and disposal of pending applications:

..........Applications pending under the Compassionate Appointment Scheme as on the date on which this new Scheme is approved by the Executive Committee of the Central Board will be dealt with in accordance with the new Scheme for payment of ex-gratia lumpsum amount provided they fulfill all the terms and conditions of this Scheme.

15. Miscellaneous provisions of the Scheme

x x x x x x x x x

vi. With effect fro


















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