CWP No.11844 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CWP No.11844 of 2007 DATE OF DECISION: November 17, 2008 NEERA AHLAWAT & ANOTHER ...PETITIONERS VERSUS VIJAYA BANK THROUGH CHARMAN-CUM- ...RESPONDENTS MANAGING DIRECTOR & ORS. CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MR. JUSTICE RAJAN GUPTA. PRESENT: MR. SANJEEV TAMAK, ADVOCATE FOR MR. NEERA KUMAR, ADVOCATE FOR THE PETITIONERS. MR. VIKAS SINGH, ADVOCATE FOR THE RESPONDENTS. ASHUTOSH MOHUNTA, J.(ORAL) The petitioner has prayed for quashing the order (Annexures P-10 and P-14) vide which the case of petitioner No.1 for compassionate appointment has been rejected. Counsel for the respondents submits that while the case of the petitioner No.1 for her appointment on compassionate grounds was being considered, the policy of the Vijaya Bank was changed according to which ex-gratia payment was to be made to the dependent of a deceased employee. Learned counsel further submits that the petitioners themselves vide Annexure R-1 opted for ex-gratia relief in lieu of appointment on compassionate grounds. In pursuance to the request made by the petitioners themselves, an amount of Rs.2,95,533/- was sanctioned and paid to the petitioners. The petitioners were also paid the amounts pertaining to CWP No.11844 of 2007 -2- Provident Fund and Family Welfare Scheme. Mr. Vikas Singh, counsel for the respondents further submits that the case of the petitioners for payment of gratuity is under consideration with the competent authority and if the petitioners are found entitled to the same, the amount shall be released within three months. In view of the aforementioned facts, it is clear that the petitioners had themselves opted for ex-gratia payment in lieu of appointment on compassionate grounds and hence the prayer made in the writ petition for compassionate appointment no longer survives. The respondents are directed to finalize the case of the petitioners with regard to the payment of gratuity within a period of three months from today and in case the petitioners are found entitled to gratuity, the same be released to them within a period of one month of the decision. Writ petition disposed of. (ASHUTOSH MOHUNTA) JUDGE November 17, 2008 (RAJAN GUPTA) Gulati JUDGE