IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1387 of 2009 MANJU DEVI WIDOW OF RAJ KUMAR DEVAKAR VILL- HARNICHAK, P.O. ANISABAD, P.S. BEUR, DISTT. PATNA … Petitioner-Appellant Versus 1. THE STATE BANK OF INDIA, ABODY CORPORATE CONSTITUTED UNDER THE STATE BANK OF INDIA ACT, 1955 HAVING ITS CORPORATE CENTRE OF MADAM CAMA ROAD, MUMBAI-400021 THROUGH ITS DY. MANAGING DIRECTOR & CORPORATE DEVELOPMENT OFFICER 2. THE DEPUTY GENERAL MANAGER, STATE BANK OF INDIA, ZONAL OFFICE, PATNA 3. BRANCH MANAGER, STATE BANK OF INDIA, PATNA SECRETARIAT BRANCH, SINCHAI BHAWAN, PATNA SECRETARIAT 4. THE CHIEF GENERAL MANAGER, STATE BANK OF INDIA, LOCAL HEAD OFFICE AT WEST OF GANDHI MAIDAN, PATNA-800001 5. THE ASSISTANT GENERAL MANAGER, SECRETARIAT BRANCH, SINCHAI BHAWAN, PATNA … Respondents-Respondents ----------- 4. 12.5.2010 I.A.No. 6935/2009 This is an application for condonation of delay. Having heard Mr. Siddharth Harsh, learned counsel for the appellants and Mr. Kaushlendra Kumar Sinha, learned counsel for State Bank of India, we find sufficient grounds do exist for condonation of delay and accordingly, the delay in filing of the appeal stands condoned. I.A. is, accordingly, disposed of. 2 L.P.A.No. 1387/2009 In this intra-Court appeal challenge is to the order dated 10.8.2009 passed by the learned Single Judge in C.W.J.C.No. 9451/2009. The husband of the appellant, who was working as Sweeper in the State Bank of India, Patna Secretariat Branch, died in harness on 22.1.2008. The appellant filed an application for grant of compassionate appointment for herself. The Bank declined to do so by placing reliance on the circular dated 4th of August, 2005. Being dis-satisfied with the said action of the Bank the appellant invoked the jurisdiction of this Court under Article 226 of the Constitution of India but was became unsuccessful. Hence, the appeal. We have heard Mr. Siddharth Harsh, learned counsel for the appellant and Mr. Kaushlendra Kumar Sinha, learned counsel for the State Bank of India. The circular dated 4th August, 2005 is a scheme for payment of ex-gratia lump-sum amount. Paragraphs 2 to 4 of the said circular read as under: “2. This scheme for appointment of dependents of employees dying in harness/ retired on medical grounds has been 3 throwing up some unanticipated problems for the Bank as also for the dependents family members. While the Bank does not generally get employees who satisfy the requirements of working in computerized environment, many a time, the families of our deceased employees also do not get immediate support because the process of employment takes some time. In some cases, no dependent of the deceased employee is eligible to take up the job immediately and as such, there is no immediate support to the dependent family. 3. To overcome these problems, immediate monetary assistance in lieu of compassionate appointment may be the best alternative. The Executive Committee of the Central Board in its meeting held on 4th August, 2005 has approved a scheme for payment of ex-gratia lumpsum amount in lieu of appointment on compassionate grounds named as “SBI Scheme for payment of Ex-gratia Lumpsum Amount”. The new Scheme has come into force with effect from today i.e. 4th August, 2005. This scheme will replace our existing Compassionate Appointment Scheme (referred in paragraph 1 above) and no request for compassionate appointment shall be entertained or considered by the Bank under any circumstance with effect from 4 today i.e. 4th August, 2005. 4. We enclose, for your information and necessary action our scheme for payment of ex-gratia lumpsum amount named “SBI Scheme for Payment of Ex-Gratia Lumpsum Amount”. The Scheme will be applicable in the following cases: i) Employees dying in harness. ii) Employees seeking premature retirement due to incapacitation before reaching the age of 55 years. Application pending under the Compassionate Appointment Scheme as on the date 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. In such cases, fresh application for payment of ex- gratia in lieu of compassionate appointment should be obtained on the format enclosed with our captioned Scheme.” On a reading of the said circular we do not find there is any provision to offer compassionate appointment. It is well settled proposition of law that the compassionate appointment is an exception. In absence of any rule or scheme no mandamus can be issued to consider the case of the appellant. 5 At this juncture Mr. Siddharth Harsh, learned counsel for the appellant, submitted that the benefits of the circular have not been extended to the appellant. Learned counsel for the Bank fairly stated that if an application is made for getting the benefit of the circular within a period of two weeks, the same shall be extended keeping in accord with the terms of the circular within a period of six weeks from the date of receipt of the application. With the aforementioned modification in the order of the learned Single Judge the appeal stands disposed of without any order as to costs. (Dipak Misra,C.J.) (Mihir Kumar Jha,J.) Surendra/