IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3758 of 2006 Mritunjay Kumar, S/o Late Gauri Shankar Kumar, resident of village Hiranand, P.O. Sadiquepur, P.S. Pirpaity, District Bhagalpur Versus 1. The State Bank Of India through its Chairman. 2. The Chairman, State Bank of India, State Bank Bhavan, Madame Cama Road, Mumbai- 400021. 3. Managing Director (M.D.), Personnel Management Department, Corporate Sector, Letter Box No. 12, State Bank Bhavan, Mumbai- 400021 4. Officer-in-charge, Employees Establishment Department, Corporate Sector, State Bank Bhavan, Letter Box No. -12, Mumbai-400021 5. Managing cum Corporate Development Officer, State Bank Bhavan, Letter Box No. -12, Mumbai-400021 6. State Bank of India, Regional Office, Patna through its Chief General Manager (C.G.M.) 7. Chief General Manager (C.G.M.), State Bank of India, Regional Office, Patna 8. State Bank of India, Regional Zonal Office, Bhagalpur through its Assistant General Manager 9. Assistant General Manager (A.G.M.), State Bank of India, Region- I, Zonal Office, Bhagalpur. 10. State Bank of India, Pirpaity, Bhagalpur through its Branch Manager (B.M.) 11. Branch Manager, State Bank of India, Pripaity Branch, Pirpaity, Bhagalpur ----------- For the Petitioner :Mr. Bipin Bihari Singh, Advocate For the SBI :M/s Kaushlendra Kumar Sinah & Sunil Kumar Singh, Advocates 10/ 08.11.2010 Heard learned counsel for the petitioner and the counsel for the State Bank of India (hereinafter referred to as the Bank). 2. Petitioner is the son of Late Gauri Shankar Kumar, who served in one of the Branch of 2 the Bank and while so serving left for heavenly abode on 27.3.1998. Soon after the death of the bread winner, petitioner submitted his application for appointment on compassionate ground which is dated 20.8.1998. While the application of the petitioner dated 20.8.1998 for compassionate appointment remained under consideration, the scheme for payment of ex gratia amount in lieu of appointment on compassionate ground in the Bank was formulated with effect from 4.8.2005. Clause 14 of the Scheme provides as follows: “The Scheme will come into force with effect from the date it is approved by the Executive Committee of the Central Board. Applications pending under the Compassionate Appointment Scheme as on the date on which this new Scheme is approved by the Executive Committee of the Central Board will be dealt with in accordance with the new Scheme for payment of ex-gratia lumpsum amount provided they fulfil all the terms and conditions of this Scheme.” 3. Relying on Clause 14 of the Scheme, 3 Hon’ble Supreme Court in the case of State Bank of India Versus Raj Kumar, reported in 2010 (2) BBCJ iv-353 has held that the case of such applicants whose application for compassionate appointment has not been disposed of, their case shall be considered in the light of the provisions of the new Scheme. Relying on the aforesaid judgment of the Hon’ble Supreme Court, Division Bench of this Court under orders dated 26.10.2010, passed in the instant case has remitted back the matter for final disposal before this Bench. 4. Having heard counsel for the parties, I direct the competent authority of the Bank i.e. Chief General Manager to consider the request of the petitioner contained in application dated 20.8.1998 in the light of the provisions contained in Clause 14 of the Scheme for compassionate appointment/ ex gratia payment, as early as possible, in any case within two months from the date of receipt/ production of a copy of this order before the Chief General Manager of the Bank. 5. It is made clear that if the amount is found payable to the petitioner, the same must be paid 4 within the same time. 6. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)