IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11762 of 2010 PARWATI KUMARI, WIFE OF LATE MANOJ KUMAR, RESIDENT OF MOHALLA KANHAULI NEAR KHADI BHANDAR, P.S. KANHAULI, DISTRICT MUZAFFARPUR. Versus 1. STATE BANK OF BIKANER AND JAIPUR, THROUGH ITS CHAIRMAN, HEAD OFFICE, TILAK MARG, POST BOX NO. 154, JAIPUR, RAJASTHAN 2. THE CHIEF MANAGER, HEAD OFFICE, STATE BANK OF BIKANER AND JAIPUR, JAIPUR, RAJASTHAN 3. THE GENERAL MANAGER (OPERATIONS) HEAD OFFICE, STATE BANK OF BIKANER AND JAIPUR, JAIPUR, RAJASTHAN 4. THE DEPUTY CHIEF MANAGER (HUMAN RESOURCE) PERSONNEL ADMINISTRATIVE DEPT., HEAD OFFICE, STATE BANK OF BIKANER & JAIPUR, JAIPUR, RAJASTHAN 5. THE REGIONAL MANAGER, STATE BANK OF BIKANER & JAIPUR, REGIONAL OFFICE-III, PATNA REGION, ABHAY BHAWAN, FRASER ROAD, PATNA 6. THE BRANCH MANAGER, STATE BANK OF BIKANER & JAIPUR, AKHARAGHAT ROAD, MUZAFFARPUR With CWJC No.11850 of 2010 1. PREM SILA DEVI W/O LATE SURENDRA KUMAR TIWARI R/O VILL.- NANDPURI, P.S. BHAGWANPUR, DISTT.- MUZAFFARPUR 2. SUSHIL KUMAR TIWARI S/O LATE SURENDRA KUMAR TIWARY R/O VILL.- NANDPURI, P.S. BHAGWANPUR, DISTT.- MUZAFFARPUR Versus 1. STATE BANK OF BIKANER AND JAIPUR, THROUGH ITS CHAIRMAN, HEAD OFFICE, TILAK MARG, POST BOX NO. 154, JAIPUR, RAJASTHAN 2. THE CHIEF MANAGER, HEAD OFFICE, STATE BANK OF BIKANER AND JAIPUR, JAIPUR, RAJASTHAN 3. THE GENERAL MANAGER (OPERATIONS) HEAD OFFICE, STATE BANK OF BIKANER AND JAIPUR, JAIPUR, RAJASTHAN 4. THE CHIEF MANAGER, PUBLIC RELATIONS, HEAD OFFICE, STATE BANK OF BIKANER AND JAIPUR, JAIPUR, RAJASTHAN 5. THE DEPUTY CHIEF MANAGER (HUMAN RESOURCE) PERSONNEL ADMINISTRATIVE DEPT., HEAD OFFICE, STATE BANK OF BIKANER & JAIPUR, JAIPUR, RAJASTHAN 6. THE REGIONAL MANAGER, STATE BANK OF BIKANER & JAIPUR, REGIONAL OFFICE-III, PATNA REGION, ABHAY BHAWAN, FRASER ROAD, PATNA 7. THE BRANCH MANAGER, STATE BANK OF BIKANER & JAIPUR, AKHARAGHAT ROAD, MUZAFFARPUR 8. THE STATE BANK OF INDIA, THROUGH ITS CHAIRMAN, HEAD OFFICE, MUMBAI 9. THE CORPORATE CENTRE, HEAD OFFICE, STATE BANK OF INDIA, MUMBAI For the Petitioners : M/s Sanjay Singh, Sanjeev Kr. Singh, advocates. - 2 - For the S.B.I. : Mr. Kaushlendra Kr. Sinha, advocate. For the State Bank of Bikaner & Jaipur : M/s S.D. Sanjay(not present), Gautam Kejriwal, advocates. ----------- 04. 04.08.2010 Counsel for the State Bank of India has produced letter No.1578 dated 31.7.2010, which is taken on record. Counsel for the State Bank of Bikaner and Jaipur(hereinafter referred to as the Bank) has filed counter affidavit in the two writ application, which is also taken on record. 2. Heard learned counsel for the petitioners, counsel for the Bank and State Bank of India in C.W.J.C. No.11850 of 2010. 3. Petitioner in C.W.J.C. No.11762 of 2010 is the wife of the Cashier and petitioners in C.W.J.C. No.11850 of 2010 are the wife and son of the Security Gard of the Muzaffarpur Branch of the Bank who were ambushed by the dacoits while they were coming to Patna with the cash of the Bank and done to death for which Vaishali Sadar P.S. Case No.404 of 2006 dated 1.11.2006 was registered and statement to that effect has been made in paragraph-5 of both the writ applications. After the death of the bread winner of the petitioners, they applied before the competent authority of the Bank to consider their case for compassionate appointment, which has not yet been considered but some compensation amount has been paid to the petitioners of the two writ applications. 4. The two writ application(s) have been filed praying inter alia to direct the Bank to consider the case of the petitioners for compassionate appointment in the light of the modification advised by the Government of India to the existing scheme for payment of ex - 3 - gratia providing for compassionate appointment in exceptional cases where an employee of the Bank dies while performing his official duty as a result of violence, terrorism, robbery or dacoity. In this connection reference is also made to the request made by the Indian Banks Association contained in letter No.1549 dated 19.7.2007, Annexure-8 of C.W.J.C. No.11762 of 2010 and Annexure-9 of C.W.J.C.No.11850 of 2010, whereunder incorporating the advise tendered by the Government of India to modify the existing scheme for payment of ex gratia providing for compassionate appointment in exceptional cases of the employee dying as a result of violence, terrorism, robbery or dacoity, request was made to the Chief Executives of all Public Sector Banks to consider modification in the existing scheme for payment of ex gratia proving for compassionate appointment in exceptional cases where an employee of the Bank dies while performing official duty as a result of violence, terrorism, robbery or dacoity. 5. In the writ applications clear statement has been made that case of the petitioners for compassionate appointment could not have been considered by the Bank as the Bank has not yet taken decision in the light of the request of the Government of India contained in letter dated 19.6.2007 as also of the Indian Banks Association dated 19.7.2007 and on account of the failure of the Bank to take favourable decision on the request the Government of India and Indian Banks Association dated 19.7.2007 petitioners are suffering in absence of their breadwinner. 6. Having appreciated the plight of the writ petitioners this - 4 - Court under orders dated 27.7.2010 allowed one week time to the counsel for the State Bank of India to seek instruction from the authorities of the State Bank of India as to whether the Bank which is subsidiary of the State Bank of India has considered modification in the existing scheme for payment of ex gratia providing for compassionate appointment in exceptional cases of the employee dying as a result of violence, terrorism, robbery or dacoity in the light of the request of the Indian Banks Association dated 19.7.2007. 7. In response to the orders of this Court dated 27.7.2010, counsel for the State Bank of India has produced letter No.1578 dated 31.7.2010 signed for Managing Director and the Group Executive(A & S) advising the Managing Director of the Bank that the scheme of compassionate appointment has been replaced by a scheme for payment of ex gratia lump sum amount to the dependents of the deceased employee with effect from 4.8.2005 vide circular dated 4.8.2005. Letter No.1578 dated 31.7.2010 does not indicate whether the Bank has considered the advise given by the Government of India under letter dated 19.6.2007 advising the Chief Executives of all Public Sector Banks to modify the existing scheme for payment of ex gratia providing for compassionate appointment in exceptional cases, in the light whereof similar request was made by the Indian Banks Association to the Chief Executives of all Public Sector Banks under letter dated 19.7.2007. While responding to the directions of this Court to submit instruction in the light of order dated 27.7.2010 it was expected of the competent authority of the State Bank of India to have - 5 - adverted to the request made in the letter dated 19.6.2007 of the Government of India referred to in the letter dated 19.7.2007 of the Indian Banks Association but the competent authority of the State Bank of India while responding to the order dated 27.7.2010 has not even cared to take notice of the directions of the High Court contained in the order dated 27.7.2010, which reflect absolute lukewarm approach of the State Bank of India not only towards the request of the Government of India, Indian Banks Association but also towards the orders of this Court. 8. As the State Bank of India has not yet considered the request of the Government of India contained in letter dated 19.6.2007 duly incorporated in the letter of Indian Banks Association dated 19.7.2007, I direct the Managing Director of the State Bank of India to place the request of the Government of India contained in letter dated 19.6.2007 along with the request of the Indian Banks Association contained in letter dated 19.7.2007, Annexure-8 of C.W.J.C. No.11762 of 2010 and Annexure-9 of C.W.J.C.No.11850 of 2010 before its Board of Directors and to consider the request made therein as early as possible, in any case within three months from the date of receipt/production of a copy of this order before the Managing Director, State Bank of India. 9. With the observation and direction aforesaid the two writ application(s) are disposed of. Rajesh/ (V.N. Sinha, J.)