IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17414 of 2009 1. NITU KUMARI @ NITU SINHA D/O LATE KANHAIYA PD. SINHA AND W/O OM PRAKASH SINHA R/O VILL.- KANDHWARA, P.O.- SIWAN, P.S.- MUFASSIL THANA, DISTT.- SIWAN Versus 1. THE STATE OF BIHAR 2. THE GENERAL MANAGER (DEVELOPMENT AND PERSONAL BANKING) STATE BANK OF INDIA, LOCAL HEAD OFFICE, PATNA 3. THE GENERAL MANAGER STATE BANK OF INDIA, REGIONAL OFFICE, MUZAFFARPUR 4. THE PERSONAL OFFICER STATE BANK OF INDIA, REGIONAL OFFICE, MUZAFFARPUR 5. THE BRANCH MANAGER STATE BANK OF INDIA, MAIRWA BRANCH, MAIRWA, DISTT.- SIWAN ----------- For petitioner : Mrs. Veena Rani Prasad, Advocate. For S.B.I. : Mr. Satya Prakash Tripathy , Mr. K.K.Sinha, and Mr. Rajendra Prasad, Advocates. 5/ 29.01.2010 In compliance of the orders of this Court dated 08.07.2005 passed in L.P.A. No. 571 of 2005, Annexure-1, the General Manager, Network-I of the State Bank of India has passed order dated 28.01.2010 where-under the request of the petitioner for grant of compassionate appointment has been rejected, holding her not to be qualified for such appointment on the date of consideration, i.e., 8th July, 2005. Father of the petitioner while serving as a messenger in Mairwa Branch of State Bank of India, died on 20th May, 1991. Mother of the petitioner Smt. Sheela Devi, made an application to the Bank on 25th November, 1991 for appointment of the petitioner on compassionate ground after she attain majority. The Bank under letter dated 30th December, - 2 - 1991 advised the mother of the petitioner to contact the bank for compassionate appointment after attainment of majority by the petitioner. After petitioner attained majority mother of the petitioner changed her mind and under application dated 4th September, 1992 requested the Bank to consider the case of her minor son, Ranjan Kumar Sinha, for appointment on compassionate ground after he attains majority. Such request of the petitioner for compassionate appointment of her minor son was rejected on 16th September, 1998. Mother of the petitioner challenged the rejection of the request for appointment of Ranjan Kumar Sinha on compassionate ground by filing C.W.J.C. No.9896 of 2004 which was dismissed under order dated 08.02.2005 (Annexure-G), against which mother of the petitioner approached the Division Bench of this Court in L.P.A. No. 571 of 2005, which was disposed of under orders dated 08.07.2005, directing the Bank to consider the case of the petitioner for compassionate appointment in accordance with law if she has not got married or otherwise eligible. The Bank under the impugned order dated 28th January, 2010 has considered the case of the petitioner for such appointment and has found her ineligible on the date of the order passed in L.P.A. No. 571 of 2005 i.e. 08.07.2005 as on that day her marriage was found subsisting. Further perusal of the - 3 - impugned order indicates that the Bank has given reasons not to grant compassionate appointment to the family members of the deceased employee as the family has survived even without such appointment for more than two decades after the death of the employee concerned. I do not find any illegality in the impugned order and the writ petition is accordingly dismissed. ( V.N.Sinha, J ) BTiwary/