IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2164 of 2006 Kiran Sinha W/o Late Rakesh Kumar Sinha, resident of Near Pani Tanki, Lanka Colony, Dwarikapuri, Khagaul, Patna at present residing at Mohalla Rakhabani, P.O. & P.S. Dumka, District Dumka, Jharkhand Versus 1. State Bank Of India through its Chief General Manager, State Bank of India, Local Head Office, Patna 2. The Dy. Managing Director & Corporate Development Officer, Personal Management Department, State Bank Bhawan, Madama Cama Road, Mumbai- 400 021 3. The Chief General Manager, State Bank of India, Local Head Office, Patna 4. The General Manager, State Bank of India, Zonal Office, Bhagalpur 5. The Dy. General Manager, State Bank of India, Zonal Office, Bhagalpur 6. The Asst. General Manager (PER & HRD) Region-1, Zonal Office, Bhagalpur 7. The Branch Manager, State Bank of India, Agriculture Development Branch, Shivnarayanpur, P.O. Mathurapur, Bhagalpur ----------- For the Petitioner :Mr. Harish Kumar, Advocate For the Respondents :Mr. Arvind Kumar Jha, Advocate 12/ 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 widow of Late Rakesh Kumar Sinha, who served in one of the Branches of the Bank and while so serving left for heavenly abode on 29.5.2005. Soon after the death of the bread winner, petitioner submitted her application for appointment on 2 compassionate ground which is dated 21.6.2005. While the application of the petitioner dated 21.6.2005 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, 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 3 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 21.6.2005 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 within the same time. 6. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)