Reportable

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 1641 OF 2010

[Arising out of SLP(C) No.28370 of 2008]

STATE BANK OF INDIA & ANR.

… APPELLANTS

VS.

RAJ KUMAR

… RESPNDENT

O R D E R

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

t