Allahabad High Court
Nanhi Devi (Inre 6382 S/S 2015) vs Dy. General Manager, Allahabad ... on 2 December, 2015
Bench: Amreshwar Pratap Sahi, Attau Rahman Masoodi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?AFR
Court No. - 4
Case :- SPECIAL APPEAL No. - 565 of 2015
Appellant :- Nanhi Devi (Inre 6382 S/S 2015)
Respondent :- Dy. General Manager, Allahabad Bank, Kolkata & 2 Others
Counsel for Appellant :- Pradeep Kumar Tripathi
Counsel for Respondent :- Gopal Kumar Srivastava
Hon'ble Amreshwar Pratap Sahi,J.
Hon'ble Attau Rahman Masoodi,J.
Heard Sri Pradeep Kumar Tripathi, learned counsel for the appellant and Sri Gopal Kumar Srivastava learned counsel for the Bank.
The challenge raised in this appeal is to the judgment dated 04.11.2015 on the ground that the learned Single Judge has committed an error by not considering the applicability of this new scheme promulgated vide circular dated 03.12.2014 and, therefore, denial of compassionate appointment by the respondents cannot be upheld even though the appellant has received ex-gratia payment.
We have considered the submissions raised. The circular dated 03.12.2014 as produced by the learned counsel for the bank is as follows:-
Scheme for Compassionate Appointment in Allahabad Bank
In terms of directive issued by Government of India, forwarded by Indian Banks' Association, advising opening of compassionate appointment in Public Sector Banks, a scheme for providing appointment on compassionate grounds has been introduced in our Bank as per approval accorded by the Board of Directors in its meeting held on 21st November, 2014. The Scheme will be applicable from 5th August, 2014 and case of an employee (i) dying while in service on or after 05.08.2014 or (ii) retiring prematurely on medical ground after observing necessary formalities as per Rule on account of incapacitation for future work before reaching the age of 55 years on or after 05.08.2014 or (iii) becoming 'missing' on or after 05.08.2014 with at least two years of remaining service, will only be governed by the scheme. The term 'employee' in this case will be governed by the definition contained in the Scheme.
The Complete Scheme, together with formats for Application for Sponsorship by the spouse of the ex-employee [Form No.01], Application for Compassionate Appointment by the Candidate [Form No. 02] and Affidavit to be executed by the Dependent Family members of the ex-employee [Form No.03] is annexed to this Instruction Circular as Annexure-1 for careful noting by all concerned.
As per clarifications received from the Government of India, forwarded by Indian Banks' Association, all the cases for ex-gratia pending before 05.08.2014 are not affected by the new Scheme. Accordingly, cases of compassionate benefit arsing out of death of an employee while in service or premature retirement on medical ground before reaching the age 55 years due to incapacitation for future work, occurring on or before 04.08.2014 will continue to be governed by Allahabad Bank Scheme for Payment of Lumpsum Ex-Gratia Amount in lieu of Appointment on Compassionate Grounds & Appointment of Dependents of Deceased Employees on Compassionate Grounds in Exceptional Cases' last updated vide H.O Instruction Circular No. 10203/PA/2008-09/35 dated 17.10.2008.
A perusal thereof demonstrates that the scheme would apply from 05.08.2014 in the case of an employee dying while in service on or after 05.08.2014. In the instant case, admittedly the death of the employee took place on 25.10.2013 that is prior to the enforcement of the new circular.
Learned counsel for the appellant has relied on the judgment in the case of State Bank of India vs. Sri Raj Kumar decided on 08.02.2010 by the Apex Court contend that the new scheme would apply even if the death had taken prior to the enforcement of the new scheme.
We are unable to agree because the circular dated 03.12.2014 extracted herein above categorically clarifies the aforesaid position which was not under challenge before the learned Single Judge. The appellant had also accepted the benefit under the earlier scheme of ex-gratia payment.
in such a situation, even if she had not disclosed the same, the same would not reflect upon the merits of the case as even otherwise the 03.12.2014 clarificatory circular does not entitle the petitioner to raise any such claim.
With these observations, the writ petition is dismissed.
Order Date :- 2.12.2015
Shahnaz
