Allahabad High Court
Shalu vs U.P. Sahkari Gram Vikas Bank ... on 21 February, 2023
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 18
Case :- WRIT - A No. - 26878 of 2021
Petitioner :- Shalu
Respondent :- U.P. Sahkari Gram Vikas Bank Ltd.Thru. M.D. Lko. And Ors.
Counsel for Petitioner :- Piyush Asthana
Counsel for Respondent :- Vinod Kumar Singh,Prashast Puri
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner, Sri Kshitij Agrawal holding brief of Sri Prashant Puri, Advocate for opposite party no. 4, Sri Vinod Kumar Singh, Advocate for the Bank.
Contention of the learned counsel for the petitioner is that her husband was regularly appointed with the Bank and he died in harness, therefore, she applied for compassionate appointment, but the same has not been considered as yet, although the death took place on 24.04.2021. He also says that there are no post-retirement benefits admissible to the petitioner consequent to the death of her husband, therefore, she is entitled to compassionate appointment.
Sri Vinod Kumar Singh, counsel for the Bank says that there is a government order dated 18.3.2020 according to which as there is a Special Investigation Team (S.I.T.) constituted for investigating the appointments made in the Bank from the year 2012-2017 and the appointment of the petitioner's husband is also one such appointment, which is being investigated on the allegations of being illegal and fraudulent, therefore, as per the said government order the promotion, regularization, absorption of such employees are not to be undertaken. Based on the said principle, compassionate appointment is also not being given.
In response, counsel for the petitioner invited attention of the court to a judgment dated 17.9.2021 passed in Writ-A No. 20906 of 2021, Bhawna Kumari v. U.P. Sahkari Gram Vikas Bank Ltd. & ors., wherein this issue has been considered and in that case this court was of the opinion that other similarly situated to the petitioner's husband are being allowed to continue and their services have not been disengaged, therefore, she should also be considered for compassionate appointment subject, however, to the inquiry/investigation which is pending in the matter. He says that this judgment has not been challenged in appeal.
On being confronted Sri Singh, learned counsel appearing for the Bank could not show that the judgment has been challenged. He submitted that the petitioner can be given the benefit of the said judgment on the same terms and conditions.
Considering the purpose for which compassionate appointment is given, i.e., to tide over the immediate financial crisis, the decision dated 17.9.2021 passed in Writ-A No. 20906 of 2021 in the case of a similarly situated widow of an erstwhile employee who died in harness, the petition is disposed of in terms of the aforesaid decision on the same terms, meaning thereby the petitioner herein shall be entitled to the benefit of the observations/directions contained in the said judgment.
With these observations/directions this petition is disposed off.
Order Date :- 21.2.2023
VNP/-
