1 IN THE HGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR J U D G M E N T D.B. CIVIL SPECIAL APPEAL (W) NO.798/2009 (MGB Gramin Bank Vs. Chakarwarti Singh) Date of Order : 27.01.2010 P R E S E N T HON'BLE MR. JUSTICE A.M. KAPADIA HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. P.K. Lohra, for the appellant. Mr. Narpat Singh, for the respondent. Heard learned counsel for the parties and perused the judgment impugned dated 27.7.2009 rendered by learned Single Judge. In the writ petition filed by the petitioner respondent herein, it was prayed that respondent appellant may be directed to give appointment on compassionate ground on the post of clerk cum cashier w.e.f. 19.04.2006 – the date of death of father of the petitioner with all consequential benefits and further prayed that the respondent Bank may be directed to decide the case of the petitioner as per rules which were in existence on the date of death of his father. 2 The respondent Bank filed reply before the learned Single Judge and pointed out that a circular dated 6.10.2006 was issued by the respondent Bank in which the Bank has stopped giving appointment to the dependents of deceased employee on compassionate ground. But it is pointed out by petitioner- respondent herein that even after issuing circular dated 6.10.2006 two persons namely Sumit Kumar and Vinod were given appointment on compassionate ground vide orders dated 11.11.2006 and 3.11.2006 respectively and he has been denied appointment though he was entitled for appointment, therefore, action of Bank is discriminatory and violative of Article 14 of the Constitution of India. Upon perusal of the judgment impugned, it emerges that learned Single Judge rendered the judgment in favor of the petitioner respondent herein for considering his case for appointment on compassionate ground because prior to 6.10.2006 – the date on which the circular was issued was not in existence when petitioner respondent herein filed application for providing appointment on compassionate ground in the month of May, 2006. At that time, scheme of 1983 promulgated by the Bank was in existence. 3 In our considered opinion, the learned Single Judge has rightly arrived at with the finding that the application of the respondent petitioner was to be considered as per the existing rules which were in force at the time of death of petitioner's father, which is 19.4.2006. Learned Single Judge has rightly issued direction to the Bank because as per reply of the Bank, new Scheme was promulgated on 6.10.2006 and before that the application for providing appointment on compassionate ground filed by the petitioner respondent herein was pending and was to be decided as per Scheme of 1983. In this view of the matter, there is no force in this special appeal. Accordingly, the same is hereby dismissed. (GOPAL KRISHAN VYAS), J (A.M. KAPADIA), J arun