IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10008 of 2006 MANORAMA DEVI WIFE OF LATE TARNI PASWAN AT GAUTAM NAGAR, WARD NO.8, MOHALLA GANGJALA P.S.+ P.O. AND DISTT. SAHARSA. ………. PETITIONER. Versus 1. THE CHIEF GENERAL MANAGER, STATE BANK OF INDIA, LOCAL HEAD OFFICE, WEST GANDHI MAIDAN, PATNA. 2. THE ASSISTANT GENERAL MANAGER, REGION-II, SBI ZONAL OFFICE, PURNEA. 3. THE DEPUTY GENERAL MANAGER, S.B.I. ZONAL OFFICE, PURNEA. 4. THE BRANCH MANAGER, STATE BANK OF INDIA, SAHARSA BAZAR BRANCH, SAHARSA. ….. …. RESPONDENTS. ----------- 7. 08.11.2010 Heard learned counsel for the petitioner and counsel for the State Bank of India (hereinafter referred to as the “Bank”). 2. Petitioner is the widow of late Tarni Paswan who served on the post of Clerk-cum-Cashier in one of the branch of the Bank, while so serving he died on 3.12.2002. It is submitted on behalf of the petitioner that after the death of bread winner, she applied for appointment on compassionate ground and in support of such application furnished Madhyama certificate. The application was filed on 28.9.2003 in the branch where her husband was serving. On 27.10.2003 the Branch Manager forwarded the request of the petitioner for compassionate appointment to the Local Head Office of the bank at Patna. The Local Head Office of the Bank having considered the recommendation of the Branch 2 Manager returned the request of the petitioner for compassionate appointment on Class-III post and such fact is evident from the letter of the Assistant General Manager dated 3.3.2004, Annexure-3. Perusal of Annexure-3, further disclose that thereunder petitioner was asked to submit her willingness for appointment on Class-IV post. 3. It is submitted on behalf of the petitioner that in response to the query made by the L. H.O. under letter dated 3.3.2004,Annexure-3, petitioner submitted her willingness for appointment on compassionate ground on a Class-IV post vide her application, Annexure-4, perusal whereof, however, does not indicate any date over the same. It is further submitted on behalf of the petitioner that under application dated 14.2.2006, Annexure-5, petitioner again reiterated her willingness for appointment on compassionate ground against Class-IV post in response to the letter dated 3.3.2004. The two request of the petitioner for appointment on compassionate ground on Class-IV post as contained in Annexures 4 and 5 have not been considered so far and the present writ petition was filed praying inter alia to direct the bank to consider the case of the petitioner for compassionate appointment in the light of the willingness sought from her under letter 3 dated 3.3.2004, Annexure-3, bereft of the contents of the scheme for payment of ex-gratia lump sum amount in lieu of appointment on compassionate ground. As, according to the petitioner decision in her case for appointment on compassionate ground was taken by the competent authority of the Bank, when the earlier proposal dated 28.9.2003 was considered by the Bank and it was indicated under letter dated 3.3.2004, Annexure-3, that willingness of the petitioner for appointment on compassionate ground against a Class- IV post be sought. 4. Counsel for the Bank has opposed such submission with reference to the contents of the scheme for payment of ex-gratia lump sum amount in lieu of appointment on compassionate ground. Clause-14 of the scheme for appointment on compassionate ground is quoted hereinbelow. “14. DATE OF EFFECT OF THE SCHEME AND DISPOSAL OF PENDING APPLICATIONS : The scheme will come into force with effect from the date it is approved by the Executive Committee of the Central Board. Applications pending under the 4 Compassionate Appointment Scheme as on the date on which this new Scheme is approved by the Executive Committee of the Central Board will be dealt with in accordance with the new Scheme for payment of ex-gratia lump sum amount provided they fulfill all the terms and conditions of this Scheme”. 5. It is submitted on behalf of the Bank with reference to aforesaid Clause-14 of the scheme that the pending applications on the date of coming into effect of the new scheme shall be considered in the light of the provisions of the new scheme. In this connection, it is further pointed out that under letter dated 3.3.2004, Annexure-3, the Branch Manager of the Branch where the husband of the petitioner served at time of his demise was informed by the Local Head Office of the Bank that the request of the petitioner for appointment on compassionate ground is being returned for seeking her consent for appointment on compassionate ground against Class-IV post and response of the petitioner in the light of the contents of letter dated 3.3.2004, Annexure-3, remained under consideration on 4.8.2005, the date on which the new scheme for 5 payment of ex-gratia lump sum in lieu of appointment of compassionate ground was adopted by the Bank. In this connection, learned counsel for the Bank relied on the judgment of the Hon’ble Supreme Court in the case of State Bank of India & Anr. Versus Raj Kumar reported in 2010(2) BBCJ IV-353, whereunder the Hon’ble Court having considered new scheme of the Bank which was adopted on 4.8.2005, held that the pending application of the dependants of the employees dying in harness for appointment on compassionate ground shall be considered in the light of Clause-14 of the scheme for payment of ex-gratia amount. 6. Having heard counsel for the parties and having perused the instructions of the L.H.O. contained in letter dated 3.3.2004, Annexure-3, I am of the opinion that thereunder earlier proposal of the Branch Manager to consider the case of the petitioner for appointment on compassionate ground against Class-III post was returned observing that in view of her Madhyama certificate, she cannot be considered for appointment on compassionate ground against Class-III post, her willingness, however was sought for appointment against Class-IV post. In response whereto petitioner under her undated letter, Annexure-4 indicated willingness for being considered for 6 appointment on Class-IV post which remained pending before the authorities of the Bank may be at the level of the Branch Manager or the L.H.O. It does not appear from Annexure-4 that the same was forwarded by the branch Manager to whom it is addressed to the L.H.O. In any case no decision was taken on Annexure-4, meanwhile new scheme was adopted by the Bank on 4.8.2005 whereafter petitioner submitted another request dated 14.2.2006, Annexure-5, once again indicating her willingness in response to the instruction of the Bank contained in letter dated 3.3.2004, Annexure-3, for appointment on Class-IV post. When her two request contained in Annexures 4 and 5 was not considered by the Bank, present writ petition was filed on 18.8.2006. By filing the counter affidavit, Bank has submitted that in the light of the Clause-14 of the new scheme dated 4.8.2005, case of the petitioner can only be considered for payment of ex-gratia amount in support of such submission reliance is placed on the judgment of the Hon’ble Supreme Court in the case of State Bank of India & Anr. Versus Raj Kumar (supra). Hon’ble Supreme Court having considered the new scheme dated 4.8.2005 observed in the reported decision that the request of the dependents of the deceased employees of the Bank for compassionate 7 appointment which remained pending on the date of the coming into force of the new scheme shall be considered as per the new scheme. In respectful agreement with the direction laid down by the Hon’ble Supreme Court, I have no option but to dispose of this writ petition, with direction that the competent authority of the Bank i.e. Chief General Manager should consider the case of the petitioner for appointment on compassionate ground/payment of ex-gratia lump sum amount in the light of the provisions contained in the scheme dated 4.8.2005 as early as possible, in any case within two months from the date of receipt/production of a copy of this order before Chief General Manager, but it is made clear that if the ex-gratia amount is found payable to the petitioner, the same should also be paid within the same time. Ibrar/- (V.N. Sinha, J)