IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 3RD NOVEMBER 2009 / ]2TH KARTHIKA 1931 WP(C).No. 28090 of 2009(E) -------------------------- PETITIONER(S): --------------- 1. PRADEEP P., URUMBIL HOUSE, S/O.LATE PRABHAKARAN O.R., KANAMALA, P.O.KALAKETTY, ERUMELI, KOTTAYAM. 2. KUMARI C.N., W/O.LATE PRABHAKARAN O.R., DO. DO. BY ADV. SRI.ROJO J.THURUTHIPARA RESPONDENT(S): --------------- 1. THE STATE BANK OF TRAVANCORE, ASSOCIATE OF THE STATE BANK OF INDIA, HEAD OFFICE, THIRUVANANTHAPURAM, REP. BY ITS MANAGING DIRECTOR. 2. THE ASST. GENERAL MANAGER, STATE BANK OF TRAVANCORE, REGION II, ZONAL OFFICE, KOTTAYAM. 3. THE BRANCH MANAGER, STATE BANK OF TRAVANCORE, ERUMELY, KOTTAYAM. ADV. SRI.R.S.KALKURA FOR R1 SRI.P.RAMAKRISHNAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.28090 OF 2009 (E) -------------------------------------------------- Dated this the 3rd day of November, 2009 J U D G M E N T Heard the counsel for both sides. 2. Petitioners are the son and wife of Late O.R. Prabhakaran who was a Record Keeper working under the 3rd respondent. The death was on 8.11.2005 and subsequently, application was made by the petitioners for employment under the dying in harness scheme. Complaining that the application was not considered, they filed a writ petition before this court as WP(c).No.27959/07. In that writ petition Ext.P3 counter affidavit was filed where it was contended by the Bank that the scheme for appointment on compassionate ground was no longer available and that the option available to the petitioner is to apply for exgratia lump sum in lieu of appointment on compassionate ground. 3. Accordingly the writ petition was disposed of by Ext.P1 judgment directing that it will be open to the petitioners to make application and it was further directed that if such application is made the same shall be dealt with. Accordingly, Ext.P2 application WPC.No.28090/09 :2 : was filed. Now by Ext.P4 order dated 18.12.2008, the 2nd petitioner has been informed that the competent authority has decided to reject the application as it will not come under the scheme of payment of the amount on compassionate grounds. 4. A reading of Ext.P4 order referred to above shows that apart from stating that the application of the petitioners will not come under the Scheme, no reason whatsoever is stated as to why the application will not come under the scheme. Therefore Ext.P4 reflects total non-application of mind and for that reason I am inclined to set aside Ext.P4. 5. Accordingly Ext.P4 will stand set aside and the respondents 1 and 2 are directed to reconsider Ext.P2 application submitted by the petitioners and pass a reasoned order, as expeditiously as possible and at any rate within 4 weeks from the date of production of a copy of the judgment along with a copy of the writ petition. Petitioners shall produce a copy of the judgment along with a copy of the writ petition before respondents 1 and 2 for compliance. vi (ANTONY DOMINIC) JUDGE WPC.No.28090/09 :3 :