ORDER :

UDAY UMESH LALIT, J.

1. The father of the respondent was working with the petitioner-bank and while in service died on 11.11.2004. A request was made for appointment on compassionate grounds by the respondent on 03.03.2005. As on that date, compassionate appointment could be granted to the dependents of employees dying in harness. However, instructions were issued by the Government of India, Ministry of Finance on 14.07.2004 to frame an appropriate scheme for payment of monetary assistance in lieu of compassionate appointment. Vide its communication dated 31.07.2004 the IBA (Indian Banks' Association) had advised the banks to frame their own schemes based on said model.

2. Before the application of the respondent could be considered, the petitioner-bank formally approved a scheme for payment of ex-gratia lump-sum amount in lieu of compassionate appointment vide its scheme circulated on 04.08.2005. The relevant clause namely Clause 15(vi) provided:-

"With effect from the date the "SBI Scheme for payment of ex-gratia lump-sum amount" comes into force the bank's scheme of compassionate appointments shall be deemed abolished/withdrawn and no request for compassionate appointment sh