IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14436 of 2010 SMT. RITA SINHA, AGED ABOUT 47 YEARS, WIFE OF LATE SUNIL KUMAR SINHA, RESIDENT OF MOHALLA PAHSHI LANE, POLICE STATION KOTWALI, DISTRICT GAYA. Versus 1. THE CHAIRMAN, STATE BANK OF INDIA, HAVING HIS OFFICE AT MUMBAI. 2. THE GENERAL MANAGER(NETWORK-I) STATE BANK OF INDIA, SECRETARIAT LOCAL HEAD OFFICE, WEST GANDHI MAIDAN, PATNA. 3. THE ASSISTANT GENERAL MANAGER (ADMINISTRATIVE), STATE BANK OF INDIA, ADMINISTRATIVE OFFICE, PATNA, BIHAR. 4. THE REGIONAL MANAGER, STATE BANK OF INDIA, REGION IVTH ZONAL OFFICE, PATNA. For the Petitioner : Mr. Virendra Prasad, Advocate. For the SBI : Mr. K.K.Sinha, Advocate. ----------- 03. 14.09.2010 Heard learned counsel for the petitioner and the counsel for the State Bank of India(hereinafter referred to as the Bank), who filed counter affidavit placing on record the calculation of monthly income of the family on the basis of which request of the petitioner for grant of ex gratia payment has been rejected. 2. Husband of the petitioner while serving as Deputy Manager left for heavenly abode on 22.10.2004, whereafter petitioner applied for grant of compassionate appointment vide her application dated 10.3.2005, which is contained in Annexure-3 to this application. During the pendency of the request of the petitioner for appointment on compassionate ground, the Bank introduced policy for grant of ex gratia payment in lieu of compassionate appointment vide circular letter dated 16.8.2005 w.e.f. 4.8.2005 so submitted counsel for the petitioner. In the light - 2 - of the new policy of ex gratia payment, petitioner requested the Bank to consider her case for ex gratia payment vide her request contained in letter dated 18.10.2005. 3. It is submitted on behalf of the petitioner that her request for compassionate appointment, ex gratia payment was not considered by the authorities of the Bank, she approached the authorities of the Bank and was served with copy of letter dated 2.5.2009, Annexure-1 issued under the signature of the General Manager(Network-I) addressed to the Assistant General Manager(Administration), whereunder request of the petitioner for grant of ex gratia payment was rejected on the ground that monthly income of the family is 19,943-99/-. Perusal of letter dated 2.5.2009, Anneuxure-1 further indicates that thereunder while calculating the monthly income of the family weighted average pension of the petitioner is noted as 13,945-46/-. 4. Petitioner challenged the contents of letter dated 2.5.2009, Annexure-1 on the ground that without there being any order issued by the competent authority of the Bank, her request for grant of ex gratia payment ought not to have been rejected under letter addressed to the Assistant General Manager. It is also submitted in the writ petition that the calculation chart, Annexure-1 appears to be incorrect in view of the fact that monthly pension of the petitioner is 11,903/- and the weighted average pension as noted in the letter dated 2.5.2009 13,925-46/- appears to be incorrect. - 3 - 5. This court having noticed the contents of letter dated 2.5.2009, Annexure-1 and the submission made before this Court, under orders dated 6.9.2010 directed the counsel for the Bank to file counter affidavit as also to place on record the order by which the request of the petitioner for grant of ex gratia payment has been rejected. 6. In compliance of my order dated 6.9.2010 the Bank through Assistant General Manager has filed counter affidavit placing on record the circular letter of the Personnel Department dated 16.8.2005, Annexure-A by which the scheme for payment of ex gratia lump sum amount is notified by the Bank in lieu of compassionate appointment in the Bank. With the counter affidavit the authorities of the Bank also placed on record the note dated 30.4.2009 over which the Chief General Manager wrote declined under signature dated 2.5.2009, together with the calculation of monthly income of the family so as to satisfy this Court that the monthly income of the petitioner is more than 14,161-11/-, as such, petitioner is not entitled for grant of ex gratia payment in lieu of compassionate appointment. In this connection, learned counsel for the Bank with reference to paragraphs-11, 12 and 13 of the counter affidavit further submitted that the Chief General Manager is only to decline the request of the widow for payment of ex gratia amount by writing decline, he is not required to pass any order. 7. Petitioner, however, disputes the contents of the calculation chart highlighting the fact that her monthly pension - 4 - amount is 11,903/- and in the calculation chart the weighted average pension has been noted as 13,925-46/- and such inclusion of the weighted average pension appears to be a mistake. Petitioner also disputed the other calculations made in the calculation chart. 8. This court is not in a position to enter into fresh calculation of the figures noted in the calculation chart, in the circumstances, it is deemed expedient to direct the General Manager(Network-I) who considered the request of the petitioner for grant of ex gratia amount and declined the same on 2.5.2009 to reconsider the matter in the light of the submission noted above and pass reasoned order indicating as to what is her monthly pension and other incomes on the basis of which the Bank is concluding that her monthly income is 19,943-99/- i.e. more than 14161-11/-. In this connection, it is necessary to point out that authorities of the Bank while declining the request of the petitioner for payment of ex gratia amount is required to pass a reasoned order. Death of the husband of the petitioner had taken place on 22.10.2004, request for compassionate appointment was made on 10.3.2005 and policy for ex gratia payment was introduced on 16.8.2005 w.e.f. 4.8.2005. It appears from the counter affidavit of the Bank that the Bank has not spoken about the result of the request of the petitioner contained in her application dated 10.3.2005, Annexure-3 for compassionate appointment. In the fitness of thing the General Manager(Network- I) should have considered the request for compassionate appointment contained in representation of the petitioner dated - 5 - 10.3.2005, albeit in accordance with law. 9. In view of my observations above, let the General Manager(Network-I) consider the request of the petitioner for compassionate appointment and ex gratia payment in accordance with law by passing a speaking order as early as possible, in any case within two months from the date of receipt of this order. 10. With the observation and direction aforesaid, the writ application is disposed of. Rajesh/ (V.N. Sinha, J.)