Service Single No. 2770 of 2002. Case: Manish Kumar Vs Deputy G.M. Oriental Bank of Commerce. High Court of Allahabad (India)
| Case Number | Service Single No. 2770 of 2002 |
| Counsel | For Appellant: A.K. Sharad and Arvind Kumar Vishwakarma, Advs. and For Respondents: A.K. Sharma, Gopal Kumar Srivastava and Vinay Shanker, Advs. |
| Judges | Mahesh Chandra Tripathi, J. |
| Issue | Constitution of India - Articles 14, 21 |
| Judgement Date | April 25, 2014 |
| Court | High Court of Allahabad (India) |
Judgment:
Mahesh Chandra Tripathi, J., (Lucknow Bench)
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Heard Sri Arvind Kumar Vishwakarma, learned counsel for the petitioner and Sri Vinay Shanker, learned counsel for the respondent-bank.
The present writ petition has been filed with following prayers:
i. A writ, order or direction in the nature of mandamus thereby directing the opposite parties to appoint the petitioner on the post of Sweeper on compassionate grounds under Rule 5(1) Proviso to Dying in Harness Rules.
ii. A writ, order or command or direction in the nature of certiorari quashing impugned order dated 5.10.2001 contained in Annexure 10 to this writ petition.
iii. Any other writ, order or direction to which this Hon'ble Court may deem fit and proper in the circumstances of the case also be passed;
iv. Entire costs of this writ petitioner be allowed to the petitioner.
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This Court vide order dated 18.11.2011 had allowed the amendment application and following reliefs have been added:
II-a: Issue a writ or direction in the nature of quashing the aforesaid para 4 of the circular number per/53/75/96/184 dated 16 September 1996 issued by Oriental Bank of Commerce under the authority of Government of India undertaking Head office E-Block Harsha Bhawan, Connaught Place New Delhi-110001 contained as Annexure CA-1 to the counter-affidavit.
III-b: Issue a writ or direction in the nature of mandamus commanding the opposite parties to re-consider with regard to be given the appointment on the post of Sweeper as Class-IVth to the petitioner according to law on the compassionate ground under the dying in harness rule 1975 with consequential benefit.
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The brief facts which give rise to the present writ petition are as follows:
The petitioner has claimed compassionate appointment in place of her mother, who was working as Class-IV employee in the Oriental Bank of Commerce, Branch Hazratganj, Nawal Kisore Road, Lucknow (hereinafter referred as 'bank') and she died in harness on 8.12.1995 leaving behind her two minor children namely Manish Kumar (petitioner) aged about 12 years and Km. Jyoti aged about 1 year at the time of her death. Father of _the petitioner had already expired on 13.10.1990 much earlier to the death of late Smt. Jayanti, mother of the petitioner. It has also been averred in the writ petition that the petitioner alongwith, his sister had been brought up under the guardianship of their maternal grand-father. The petitioner after attaining the age of majority moved an application on 30.8.2001 (Annexure 7 to the writ petition) seeking for compassionate appointment. The said representation had been made with claim that his mother was permanent employee of the bank and once he has attained the age of majority he. has every right to be given appointment.
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A bare perusal of the averment made in the writ petition, it is apparent that the petitioner has made his claim on the basis of U.P. Recruitment of Government Servant Dying in Harness Rules, 1974. No pleadings have been made regarding any provisions for compassionate appointment in the bank, instead complete claim had been made on the basis of 1974 rules.
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Learned counsel for the petitioner states that the claim of the petitioner had been turned down on the basis of bank circular No. Per/50/92/93/295 dated 25.11.1993 followed by the' subsequent circular No. per/53/75/96/104 dated 16.9.1996, which provides norms and guidelines for providing compassionate appointment to the dependents of deceased employee. If the dependent applies for compassionate appointment with the bank within the period of one year from the date of death of employee, and in case the dependent is minor, his/her case-can be considered at the discretion of the bank within the period of four years from the death of employee. Beyond that period, the request for compassionate appointment cannot be considered in any case.
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The relevant clauses of the bank scheme, known as scheme for appointment of the dependent deceased employee on compassionate ground dated 16.9.1996 is reproduced as under:
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Request for appointment under the scheme should be made at the earliest and in any case not later than one year from the date of death of the employee.
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In case, the dependent is a minor or does not possess minimum qualification his/her case can be considered at the discretion of the bank within four years of the death of the employee to enable him/her or to qualify in terms of age and/or qualification provided that the dependent has made a request to the bank within one year of death of the employee.
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Compassionate appointment shall be considered by the bank only subject to the availability of vacancy.
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Learned counsel for the petitioner states that the claim of the petitioner...
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