IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 WP(C).No. 25614 of 2006(Y) -------------------------- PETITIONER(S): --------------- S. VARUN, S/O. SASIDHARAN, `REVATHY', CHANTHAVILA, KATTAYIKONAM P.O., THIRUVANANTHAPURAM-695 584. BY ADV. SRI.AJITH KRISHNAN RESPONDENT(S): --------------- 1. STATE BANK OF TRAVANCORE, REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, POOJAPPURA, THIRUVANANTHAPURAM. 2. THE BRANCH MANAGER, STATE BANK OF TRAVANCORE, KARIYAVATTOM, THIRUVANANTHAPURAM. SRI.P.RAMAKRISHNAN FOR R1&2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE DEATH CERTIFICATE OF PETITIONER'S FATHER, ISSUED BY THE REGISTRARN OF BIRTH AND DEATH DATED 16.4.2002 EXT.P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT FOR COMPASSIONATE APPOINTMENT. EXT.P3 TRUE COPY OF THE LETTER DATED 29.3.2003 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P4 TRUE COPY OF THE REPRESENTATION DATED 28.4.2003 SUBMITTED BY THE PETITIONER'S MOTHER BEFORE THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: EXT. R1(a) TRUE COPY OF SCHEME OF COMPASSIONATE APPOINTMENT. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 25614 OF 2006 -------------------------------------------- Dated this the 15th day of July, 2009 JUDGMENT W.P.C. is filed challenging Ext.P3 order whereunder the respondent-Bank has declined to give employment to the petitioner on compassionate ground after the death of his father in service. I heard counsel appearing for the petitioner and standing counsel appearing for the respondent. While petitioner's case is that his father died in service and therefore as a support to the family at least one member of the family should get employment under compassionate scheme, standing counsel for the Bank submitted that compassionate appointment is given after enquiry and depending upon the financial condition of the family. On enquiry the Bank found that the total benefits received by the family on account of untimely death of petitioner's father while he was in service is around Rs. 7 lakhs and he had a loan of around Rs. 2.5 lakhs. Besides this petitioner's mother is entitled to monthly family pension of Rs. 5568/- as in January, 2007. Even though counsel for the petitioner submitted that terminal benefits were spent for discharging 2 liability incurred for the marriage of petitioner's sister, I still feel that family cannot claim penuary as a ground for compassionate employment because monthly family pension granted to petitioner's mother on account of untimely death of her husband is fairly high which in 2007 was Rs. 5568/-. In the circumstances, WPC is devoid of any merit and is dismissed. (C.N. RAMACHANDRAN NAIR) Judge kk 3