(1) WP 7657.2008 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7657 OF 2008 Smt. Rajani W/o Arvind Nikrad and anr. PETITIONERS VERSUS The Chairman & Managing Director, Allahabad Bank and anr. RESPONDENTS ..... Mr. Santosh S. Jadhavar, Advocate for the Petitioners. Mr. A.S. Bajaj, Advocate for the Respondent no.1 ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. DATED : 25TH JULY, 2011 ORAL ORDER: 1. The Petition has been filed by the legal heirs of Arvind Dattatraya Nikrad, who was working as Clerk-cum-Cashier in the Allahabad Bank at Jakhangaon branch, District-Ahmednagar. The petitioner had applied for being appointed on compassionate grounds in place of Arvind who was the husband of petitioner no.1 and the father of petitioner no.2. 2. The bank informed the respondent that it would not be possible to appoint either of them on compassionate grounds as the scheme prevailing then (2) WP 7657.2008 did not envisage such appointments unless the death of the person who died in harness occurred due to violence, terrorism, robbery or dacoity or the person died within five years of his appointment and before reaching the age of 30 years. 3. The respondent bank informed the petitioners that since these two conditions were not applicable to their case they were entitled to payment of ex- gratia. The petitioners were informed of this by letter issued to them on 30.7.2005 and thereafter on 20.2.2006. 4. The learned Advocate for the petitioners has submitted that since Arvind expired before the present scheme came into force, their case would be covered by the old scheme which permitted appointments on compassionate grounds. 5. In the case of State Bank of India and anr. V. Raj Kumar in Civil Appeal no.1641 of 2010, a similar situation had arisen and the Supreme Court after considering the provisions of the scheme has observed that where an earlier scheme is abolished (3) WP 7657.2008 and a new scheme which replaces it specifically provides that all pending applications will be considered only in terms of the new scheme, then the new scheme alone would apply. The Court further observed that since compassionate appointments are a concession and not a right, the employer may wind up the scheme or modify the scheme at any time depending on its policies and financial capacity and availability of posts. 6. We have considered the new scheme which has been annexed to the affidavit of the respondent bank and we find that the scheme would cover all pending cases as indicated in clause 13 of the scheme. 7. The employee expired in 2001 and the scheme provides that ex-gratia payment would be made in accordance with clause 3A in such cases. 8. In view of this, the Petition is dismissed. However, the petitioners may respond to the offer of payment made for one time ex-gratia amount by the bank on 20.2.2006. The petitioners may submit their reply to this offer within four (4) weeks from today. (4) WP 7657.2008 The Bank will consider the same and grant the ex- gratia payment in accordance with their scheme within four weeks thereafter. Sd/- Sd/- [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] arp/