IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6389 of 2007 SATYA PRAKASH,S/O LATE BALLAV KUMAR YADAV, R/O MOHALLA+P.O-SOHSARAI, DISTRICT-NALANDA. …………………PETITIONER. Versus THE NALANDA GRAMIN BANK THROUGH THE CHAIRMAN, HEAD OFFICE-BIHARSHARIF, DISTRICT-NALANDA. 2.THE CHAIRMAN, NALANDA GRAMIN BANK, HEAD OFFICE-BIHARSHARIF, DISTRICT- NALANDA. 3.THE SENIOR MANAGER(PERSONNEL), NALANDA GRAMIN BANK, HEAD OFFICE- BIHARSHARIF, DISTRICT-NALANDA. ………………RESPONDENTS. ----------- 02/ 01.04.2011 No one appears for the petitioner. Counsel for the bank is present and would submit that the case of the petitioner was duly considered for appointment on compassionate ground wherein it was found that the financial condition of the family of the petitioner was not one of penury which alone could have required one of the dependent of the deceased employee to be appointed on compassionate ground. In this context, he has also referred to paragraph no. 9,10,11 and 12 of the counter affidavit, which for the sake of brevity and clarity is reproduced hereinbelow:- “9.That it may be stated that the Respondent Bank had considered the application for appointment of the petitioner on compassionate ground and after duly considering the financial position of the family, the Respondent Bank declined the request/application of the petitioner as financial condition of the family of the petitioner/dependents of the deceased employee was such that the family could not be said to be rendered destitute and indigent. 10. That it may be stated that the Respondent Bank had paid sufficient amount of money to the family of deceased employee Ballabh Kumar Yadav, father of the petitioner. The funds terminal dues paid to the dependents/family of the deceased employee are as follows:- Education Expenses Rs. 236785.90 Ex Gratia Rs. 15000.00 Compensation Rs. 300000.00 Group Insurance Rs. 50000.00 Gratuity Rs. 153613.15 Wage revision Arrear Rs. 49610.24 Provident Fund Rs. 141287.00 Leave Encashment Rs. 43554.43 -------------- Rs. 989850.72 In addition to above, the Bank has been reimbursing education expenses of four children of the deceased Sri Ballabh Kumar Yadav, in terms of the guidelines/Rules contained in circular of NABARD. 11. That it may be stated that as per the statement of the Assets and liabilities, as on 01.01.1999, submitted by the deceased employee, Ballave Kumar Yadav was having residential house at Sohsarai with Plinth area 5 katha valued at Rs. 15 lakh. That apart, Smt. Dharmshila Kumar, the wife of deceased employee late Ballabh Kumar Yadav, mother of the petitioner is also employed as Assistant teacher in one Sahokher High School, Sohsarai (Nalanda) and according to the information available to the Respondent-Bank, her approximate salary was Rs. 9000/- per month in the year 2001. 12. That having found the financial position of family of the deceased employee not indigent, the erstwhile Respondent Nalanda Gramin Bank declined the application of the petitioner for appointment on compassionate ground.” Thus from the reading of the aforementioned paragraphs of the counter affidavit it is more than clear that the authorities of the bank had considered the financial condition of the family of deceased employee, the most important criteria for deciding the case of compassionate appointment of his dependent was also laid down by the Apex Court, in the case of Umesh Kumar Nagpal vs State of Haryana reported in 1994(4) SCC 138 and reiterated in the case of Punjab National Bank vs Ashwini Kumar Taneja reported in 2004(7) SCC 265 as also in the case of General Manager (D & PB) and others vs Kunti Tiwary and another reported in 2004(7) SCC 271. In that view of the matter, this Court would not find that there was any error in considering the case of the petitioner. Let it be also taken into account that there is no rejoinder to the said counter affidavit which has been filed in this case by the respondents way back in the month of March 2009. In that view of the matter, this Court will have no other option but to dismiss this application. This application is, accordingly, dismissed. Ranjan (Mihir Kumar Jha,J)