IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16004 of 2007 SUDHA SINHA WIFE OF LATE MOHAN KUMAR, RESIDENT OF BARI PATANDEVI COLONY, P.S. ALAMGANJ, DISTRICT- PATNA Versus 1. ALLAHABAD BANK THROUGH ITS CHAIRMAN-CUM- MANAGING DIRECTOR, HEADQUARTER, 2, NETAJI SUBHASH ROAD, KOLKATA 2. CHAIRMAN-CUM-MANAGING DIRECTOR, ALLAHABAD BANK HEADQUARTER, 2, NETAJI SUBHASH ROAD, KOLKATA. 3. GENERAL MANAGER P (PER.& ADMN), ALLAHABAD BANK HEADQUARTER, 2, NETAJI SUBHASH ROAD, KOLKATA. 4. DEPUTY GENERAL MANGER, ALLAHABAD BANK, ZONAL OFFICE, BUDH MARG, PATNA. with CWJC No.16518 of 2007 KUSUMLATA, WIFE OF LATE ARUN KUMAR SINGH, RESIDENT OF 15/21 NEW ALKAPURI, P.S. GARDANIBAGH, DISTRICT-PATNA. Versus 1. ALLAHABAD BANK THROUGH ITS CHAIRMAN-CUM- MANAGING DIRECTOR, HEADQUARTER, 2, NETAJI SUBHASH ROAD, KOLKATA 2. CHAIRMAN-CUM-MANAGING DIRECTOR, ALLAHABAD BANK HEADQUARTER, 2, NETAJI SUBHASH ROAD, KOLKATA. 3. GENERAL MANAGER (PER.& ADMN), ALLAHABAD BANK HEADQUARTER, 2, NETAJI SUBHASH ROAD, KOLKATA. 4. DEPUTY GENERAL MANGER, ALLAHABAD BANK, ZONAL OFFICE, BUDH MARG, PATNA. with CWJC No.16466 of 2007 LAKSHMI RAY, SON OF LATE VIJAY KUMAR ROY, RESIDENT OF MOHALLA- JAMIRA, P.S. ARA MUFFASIL, DISTRICT- BHOJPUR Versus 1. ALLAHABAD BANK THROUGH ITS CHAIRMAN-CUM- MANAGING DIRECTOR, HEADQUARTER, 2, NETAJI SUBHASH ROAD, KOLKATA 2. CHAIRMAN-CUM-MANAGING DIRECTOR, ALLAHABAD BANK HEADQUARTER, 2, NETAJI SUBHASH ROAD, KOLKATA. 3. GENERAL MANAGER (PER.& ADMN), ALLAHABAD BANK HEADQUARTER, 2, NETAJI SUBHASH ROAD, KOLKATA. 4. DEPUTY GENERAL MANGER, ALLAHABAD BANK, ZONAL OFFICE, BUDH MARG, PATNA. with CWJC No.223 of 2008 2 VIJAY PRASAD SINGH, SON OF LATE CHANDRADEP PRASAD, RESIDENT OF VILAGE- DAHUR, P.S. BARH, DISTRICT- PATNA. Versus 1. ALLAHABAD BANK THROUGH ITS CHAIRMAN-CUM- MANAGING DIRECTOR, HEADQUARTER, 2, NETAJI SUBHASH ROAD, KOLKATA 2. CHAIRMAN-CUM-MANAGING DIRECTOR, ALLAHABAD BANK HEADQUARTER, 2, NETAJI SUBHASH ROAD, KOLKATA. 3. GENERAL MANAGER (PER.& ADMN), ALLAHABAD BANK HEADQUARTER, 2, NETAJI SUBHASH ROAD, KOLKATA. 4. DEPUTY GENERAL MANGER, ALLAHABAD BANK, ZONAL OFFICE, BUDH MARG, PATNA. with CWJC No.16512 of 2007 NEERAJ KUMAR, SON OF LATE SURENDRA PASWAN, RESIDENT OF POST OFFICE ROAD, MASJID KE SAMNE GALI, P.S. CITY CHOWK, DISTRICT- PATNA. Versus 1. ALLAHABAD BANK THROUGH ITS CHAIRMAN-CUM- MANAGING DIRECTOR, HEADQUARTER, 2, NETAJI SUBHASH ROAD, KOLKATA 2. CHAIRMAN-CUM-MANAGING DIRECTOR, ALLAHABAD BANK HEADQUARTER, 2, NETAJI SUBHASH ROAD, KOLKATA. 3. GENERAL MANAGER (PER.& ADMN), ALLAHABAD BANK HEADQUARTER, 2, NETAJI SUBHASH ROAD, KOLKATA. 4. DEPUTY GENERAL MANGER, ALLAHABAD BANK, ZONAL OFFICE, BUDH MARG, PATNA. with CWJC No.1072 of 2008 SANTOSH BHUSHAN BHARTI,SON OF LATE BIJAY THAKUR, RESIDENT OF ADARSH NAGAR, ROAD NO: 3, P.S. PHULWARISHARIF, DISTRICT- PATNA. Versus 1. ALLAHABAD BANK THROUGH ITS CHAIRMAN-CUM- MANAGING DIRECTOR, HEADQUARTER, 2, NETAJI SUBHASH ROAD, KOLKATA 2. CHAIRMAN-CUM-MANAGING DIRECTOR, ALLAHABAD BANK HEADQUARTER, 2, NETAJI SUBHASH ROAD, KOLKATA. 3. GENERAL MANAGER (PER.& ADMN), ALLAHABAD BANK HEADQUARTER, 2, NETAJI SUBHASH ROAD, KOLKATA. 4. DEPUTY GENERAL MANGER, ALLAHABAD BANK, ZONAL OFFICE, BUDH MARG, PATNA. 3 with CWJC No.1300 of 2008 RAKESH KUMAR ROY, SON LATE LALLAN PRASAD SHARMA, RESIDENT OF SHERPUR KALA, P.S. SHERPUR KALA, DISTRICT- GAZIPUR (UTTAR PRADESH) Versus 1. ALLAHABAD BANK THROUGH ITS CHAIRMAN-CUM- MANAGING DIRECTOR, HEADQUARTER, 2, NETAJI SUBHASH ROAD, KOLKATA 2. CHAIRMAN-CUM-MANAGING DIRECTOR, ALLAHABAD BANK HEADQUARTER, 2, NETAJI SUBHASH ROAD, KOLKATA. 3. GENERAL MANAGER (PER.& ADMN), ALLAHABAD BANK HEADQUARTER, 2, NETAJI SUBHASH ROAD, KOLKATA. 4. DEPUTY GENERAL MANGER, ALLAHABAD BANK, ZONAL OFFICE, BUDH MARG, PATNA. with CWJC No.2573 of 2008 SURAJ KUMAR SON OF LATE MAHESH RAVIDAS, RESIDENT OF VILLAGE-SHAHPUR, FATEHPUR, P.O. DHILORA, VIA PHULWARISHARIF, P.S. PHULWARISHARIF, DISTRICT- PATNA. Versus 1. THE CHAIRMAN-CUM-MANAGING DIRECTOR, ALLAHABAD BANK, 2- NETAJI SUBHASH ROAD, CALCUTTA- 700001, WEST BENGAL. 2. THE DEPUTY GENERAL MANAGER, PERSONNEL ADMINISTRATION DEPARTMENT, HEAD OFFICE, 2- NETAJI SUBHASH ROAD, CALCUTTA- 700001, WEST BENGAL. 3. THE DEPUTY GENERAL MANAGER, ZONAL OFFICE BUDH MARG, P.S. KOTWALI, DISTRICT- PATNA. 4. THE MANAGER, ALLAHABAD BANK, NATAUL BRANCH, P.S. MASAURHI, DISTRICT- PATNA. For the petitioners : M/s. Ambar Nath Banerjee and Atul Chandra, Advocate. For the Respondent Bank : Mr. Ajay Kumar Sinha, Advocate. ----------- 13. 08.11.2010. Heard learned counsel for the petitioners and the counsel for the Allahabad Bank (hereinafter referred to as the “Bank”). 2. Petitioners are the dependents of the employees of the Bank who died while serving the different branches 4 of the Bank while scheme for compassionate appointment dated 19.3.2004 remained in vogue duly modified under instructions dated 4.2.2005 and 3.10.2007. It is submitted on their behalf that no sooner the bread winner of the family of the petitioners left for heavenly abode, application for compassionate appointment was filed on behalf of the petitioners before the Branch Manager of the branch where the bread winner was serving. Application for compassionate appointment was forwarded to the Chief Manager of the Bank by the concerned Branch Manager. The Chief Manager having received the application(s), issued letter dated 15.6.2005, Annexure-2 for interview of the candidates for appointment on compassionate ground. In response whereto the interview was held on 21.6.2005. 3. It is submitted on behalf of the petitioners that although petitioners fulfilled the criteria for compassionate appointment but for reasons not known to the petitioners their request for compassionate appointment was not considered although M/s Preeti Pandey and Bandana Sinha who were interviewed for compassionate appointment on 21.6.2005 alongwith the petitioners have been considered for such appointment as is evident from the letter of appointment issued in favour of M/s. Preeti Pandey and Bandana Sinha dated 20.2.2006 contained in Annexure-7 series. It is submitted on behalf of the 5 petitioners that their case was also required to have been considered in the light of the appointment letter issued in favour of M/s Preeti Pandey and Bandana Sinha. 4. Counsel for the Bank opposed the aforesaid submission. It is submitted on behalf of the Bank that in the light of the provisions contained in the scheme dated 19.3.2004 as modified under instructions dated 4.2.2005 and 3.10.2007, appointment on compassionate ground is allowed to only those whose bread winner died while performing his official duty as a result of violence, terrorism, robbery or dacoity or within 5 years of his appointment or before reaching the age of 30 years which ever is later. It is further submitted that the case of the petitioner does not come within the exception clause of the circular for compassionate appointment and in appreciation of such fact the case of the petitioner can not be considered for compassionate appointment and they are entitled for payment of ex-gratia amount in terms of Sub- clause-A of Clause-3 of the instructions dated 3.10.2007. From the counter affidavit it does not appear that the case of M/s. Preeti Pandey and Bandana Sinha who have been given compassionate appointment come within which of the two exception contained in Sub-clause-B of Clause-3 of the scheme dated 3.10.2007. 5. Having heard counsel for the parties, I direct 6 the Bank to consider the case of the petitioner for appointment on compassionate ground/payment of ex- gratia amount in the light of the provisions contained in the circular dated 3.10.207 and pass appropriate orders indicating reasons as to why they have not been given appointment on compassionate ground while considering their case for such appointment. The competent authority of the Bank should also indicate as to why M/s. Preeti Pandey and Bandana Sinha were so appointed ignoring the petitioners. In this connection, petitioner is also at liberty to furnish the name of other appointees to the Bank who were interviewed alongwith them on 21.6.2005 and given appointment. Appropriate orders in this regard be passed by the authorities as early as possible, in any case within two months from the date of receipt of a copy of this order before the competent authority. It is made clear that if petitioners are found eligible for payment of ex-gratia amount the amount be also paid to them within the same time. 6. The writ application(s) are, accordingly, disposed of. Ibrar/- (V.N. Sinha, J)