yi"a»s:& s': IN THE HIGH COURT OF JUDICATURE CHHATTISGARH AT BILASPUR Petitioner W.P.NO. C 0? 2—/2005 Versus Ajit Singh Rajput S/o Late Jai Singh Rajput, Aged about 30 years, R/o C/o Raju Tea Stall, Seepat Chowk, Sarkanda, Bilaspur,Dist: Bilaspur-fC.G. Respondents Xo/. \4^y s^ / ^5// '.-y^ >^\\vv ^'y^'" ^^••"" <?'" ^" State Bank of India Through - The Chief Manager, P 86 HRD Section, Zonal Office, Baron Bazar, Raipur, Dist : Raipur-(C.G.) Tbe Branch Manager State Bank of India Neora, Dist: Raipur-fC.G.) The Dy.General Manager State Bank of India, Regional Office, Shankar Nagar, Raipur, Dist: Raipur-fC.G.) WRIT PETITION UNDER ARTICLE 226 / 227 OF THE CONSTITUTION OF INDIA IIIIj ffiffi -,-•— .s A-Fli{ ^ HI6H COURT OF CHHATT[S6ARt-! AT BILASPUR Writ Petition No. 6072 of 2005 Ajit Singh Rajput Versus Respondents State &mk of India and others ^. . Post for order on ^7 February, 2007 HI6H COURT OF CHHATTIS&ARH AT BILASPUR Writ Petition No. 6072 uf 2005 -.-Si. '^]} Petitioner State B<Sik of India and others Singie Bench: Hon'ble Mr. Justice Satish K. Agnihotri. A\r. Deepak Jain, Advocate for 'tiie petitioner. tAr. Sanjay K. Agrawa!, Advocate for the respondents. Oft&ER (Passed on ....J2.?.:. &ay of Febmary, 2007) The foilowing order of the Couri- was passsd by Satish K. Agnihotri, J. 1. By fnis petition, the petitioner challenges the validity of the order dated 7.3.2005 (Annexure P-4), whereunder, the application of the petjtioner for appointment on compassionate ground was rejected. 2. The indisputabfe facts, in nutdiell, are that the fatiier of the petitioner, nameiy, Late Shri Jai Singh Rajput, while working as Home &urd, Neora Branch, State Bank of India, Neom, bistrict- Raipur, died in hamess on 3-6-2001 (Armexure P-1). 3. The mother of the petitioner made an application for appointment of the petitioner on compassionate basis (Annexure P-3). The State of India-respondents by communication dated 07-3-2005 (Annexure P-4) informed to the petitioner that her income was found sufficient to tide over the financiai crisis befalien on the famiiy after dea1+i of the deceased father. 4. Leamed counsel appearing for the petitioner submits that the petitioner being dependent of the deceased father is entitled to compassionate appointment in accordance with scheme for appointment on compassionate ground for dependent of deceased/empioyee retired on medical ground of the State Bank of s. 5. Ciause 10 of the Scheme provides that determining tiie financia! condition of the family is therefore, an important criterion for deciding the proposais for compassionate appointment. Ctause 10 of the Scheme reads as under;- 10 Financial Condition of the family Appointments in the public services are made strictly on the basis of open invitation of applications &id merit. However, exceptions are made in favour of dependents of employees dying in harness and leaving their family in penury and without any means of livelihood. Determining the financisl condition of •the family is therefore, BOT iinportant criterion for deciding the proposals for compassionate appointment. The fo!!owing foctors shou'd be taken into account for- determining ths financial condition of the family: (|)_ Famify pension (ii) gratuity amount received (iii) employee's/'employer's contribution to Provident Fund (iv) any compensation paid by the Bcmk or its Vi/elfare Fund (v) proceeds of LJC Policies and o-ther investments of the deceased employee ii BM (vi) income of famiiy from o1+ier sources (vii) incorne of other famiiy members from employment, or other sources (vii) size of tiie family and verifiable liabilities, if any." 6. The State Bank of India-respondents in +ts reply submitted that the net carry home aiiary of the deceased father was Rs. 4,306/- per month wsd family of the deceased/empioyee from pension ond Notionoi interest on liquid <issets is estimated at Rs. 5,398.'-. The brief particutars are as under:- Financiai Darometers A) Terminal Benefits-Assets in !^. 3.25.706 B) To Bnnk-Liabilities m Ss. 20.726 (i) P.F. 2,17,978 (i) Consumer Loan 14,694 (ii) ft-atuity 1,07,729 (ii) Vehicle Loan 1,032 (iii) Leave encashment (iii) Housing Loan (iv)teWS (iv) Festival Advance 5,000 (v) Persona! Lcan (vi) Other (specify) I) 80% of net corpus of terminal benefits (Rs. 304980/-(A-B) Rs. 243984 A) Investments in Rs. 84,993 B) Loan against deposits/investments in Rs. (i) DepogiTs (i) Overdraft (ii) NSC's+Interest (ii) bemand Loans (Specify) (iii) PPF (iii) Others (Specify) (iv) Insuronce Policies (v) Assistance from Credit 84,993 8. NeT corpus of available funds I. Rs. 2,43,984/- II Rs. 84.993/- 9. Computation of Notional Wionthly Income i. Pension+tiA 1439+1335 Rs.2,774/- ii. MWS relief per month Rs. Nil iii. Intersst @ max. TOR rate on net corpus of Available funds i.e. (7) @ 9.50% PA. Rs. 2.604/- iv. Ineome of other employed family members Rs. Nil y. Otha-s (Specify) Rs.Nil 10. a) Last drawn gross saiary b) Last drawn net salary Rs. 3,Z8,977/- Rs. 5,378/- Rs. 7,827/- fts. 4,306/'- 7. The identica! scheme came-up for consideration before the Hon'bie Supreme Court in the case of State Bwik af Zndia <5 Ors. v. Ja^ial &u«fjr ^a?7 a? ^" 35 }, the Hon'bie Supreme Court after having considered 1+ie sdne.me. and source of income of the petitioner in that case held in paragraph 27, as under:- "27. Hence a major criterion whiie appointing a person on cfflnpassionate grounds should be the fincnciai condition of the famiiy the deceased person left behind. Unless •the financial condition is entireiy penury, sudi appointments cannot be made. In the present cass the finouiciai condition of the respondents family is not one of destitution, the appellants have already paid a sum of Rs. 4,57,607/- as terminal benefits Society (if any) (vi) Others ULEP Nil II) Net corpus of iwestments (A-B) Rs. 84.993/- !• (.—^ (after deducting Rs. 19,183/- towurds liabilities); a sum of Rs. 2055/- p.m. was being paid towards family pension and monthly income under Staff AAutual Welfare Scheme and in addition the tota! monthiy income of the family comes to Rs. 5855/- (monthiy pension of Rs. 2055/- + Rs. 3800/- p.m. as notionai interest on the investment of Rs. 4^7,607/-). The competent fact finciing cuthority on the basis of the above financial details had arrived at the conclusion that the fincnciat condition of •the famity is not penurious and that •riie family eams sufficient income to maintain themse!ves. Hence appointment on compassionate ground was not granted to the respondent. We however, do not feel the necessity to interfere with this order of the Bank Authorityr on the fact situation of this case." In the present cdse, the authorities bosed on the facts came to tiie conciusion that tiie family eams sufficient income to maintain themaives. Hence, I do not feel the necessity to interfere wi1+i this order of the Bank Authority on the fact situation of tiiis case. Thus, the order dated 07-3-2005 needs no interference by this Court in exercise of its jurisdiction under Article 226 of the Constitution of Indta. 9. Asa result and for the reasons stated hereinabove, "riie writ petition •is dismissed. No order as to costs. 5ubh2sh