Anil Kumar Singh vs State Bank Of India & Ors
2023 Latest Caselaw 5624 Cal

    4
28.08.2023
   D.Hira
Court No. 12
                              In The High Court At Calcutta
                               Civil Appellate Jurisdiction
                                      Appellate Side


                                  FMA 2645 of 2015
                                         With
                       CAN 1 of 2015 (Old No. CAN 1894 of 2015)

                                    Anil Kumar Singh
                                          Versus
                                State Bank of India & Ors.

                       Mr. Subrata Ghosh.
                                  ... for the appellant

                       Mr. S.K. Sinha,
                       Mr. Sudeep Pal Choudhuri,
                       Ms. Diya Nandi.
                                   ... for the SBI



                       The present appeal is filed challenging the order

               dated 22nd January, 2015 made in W.P. no. 123 (W) of

               2015.

                       According to the appellant, his father died in

               harness on 2nd March, 2003 while working in the

               respondent     bank.      The   appellant   applied   for

compassionate appointment on 7th May, 2003. The said

application was rejected by the respondent bank on 31st

March, 2005. The compassionate appointment scheme in

the public sector undertaking was abolished in the year

2005 and the new scheme of payment of ex-gratia

lumpsum amount was introduced. Again, the said

scheme was abolished and in the year 2014 appointment

on compassionate ground was introduced with certain

conditions.

On 26th September, 2014 the appellant again made

an application for his appointment on compassionate

ground. The said request was rejected by the letter dated

17th October, 2014.

Challenging the said order the appellant has filed

the writ petition being W.P. 123 (W) of 2015.

Learned Judge considering the above facts

dismissed the writ petition.

Against the said order of dismissal the appellant

has come out with the present appeal.

Learned counsel appearing for the appellant

reiterated the averments made in the writ petition as well

as in the ground of appeal and prayed for allowing the

writ petition.

Learned counsel appearing for the respondent

bank made submission in support of the order passed by

the learned Single Judge and prayed for dismissal of the

appeal.

Heard Mr. Subrata Ghosh, learned counsel

appearing for the appellant ans Mr. S.K. Sinha, learned

counsel appearing for the S.B.I.

From the materials on record it is seen that the

father of the appellant was died on 2nd March, 2003. The

application made by the appellant for compassionate

appointment was rejected by the respondent bank on 31st

March, 2005. The appellant has not challenged the said

order. After abolition of compassionate appointment

scheme and reintroduction of said scheme in the year

2014, again appellant sent a letter dated 26th September,

2014. The said letter was considered and reply was sent

on 17th October, 2014. From the reply it is seen that

respondents have stated that appellant's application on

compassionate ground was rejected.

As per scheme for payment of ex-gratia, the

appellant has to make application within six months from

the date of death of the employee in the prescribed form

or if any application for appointment on compassionate

ground is pending as on 4th August, 2005, an application

has to be made on or before 31st May, 2006.

The application dated 7th May, 2003 for

appointment on compassionate ground made by the

appellant when the original scheme was in force and was

rejected by the respondent bank on 31st March, 2005.

The appellant did not challenge the order of

rejection dated 31st March, 2005. After eleven years of

death of the employee in the year 2014 and twenty years

now, the appellant is claiming appointment on

compassionate ground. The application on

compassionate ground was dealt in detail by the Hon'ble

Apex Court in the judgment of State of West Bengal vs.

Debabrata Tiwari & Ors. reported in 2023 SCC Online

SC 219.

The Hon'ble Apex Court has categorically held that

the compassionate appointment is to give immediate relief

to the dependents family members of the deceased

employee. If authorities fails to consider the application

of the dependents of the family members of the deceased

eimployee, they have to take proceedings immediately for

orders with regard to appointment on compassionate

ground.

In the present case, the application of the

appellant was rejected by the respondent bank on 31st

March, 2005. The appellant did not challenge the said

order.

In view of the judgment of Hon'ble Apex Court the

appellant is not entitled to any appointment as on 2014

and in any event, as on today coupled with the fact that

they failed to challenge the rejection of his application for

compassionate appointment.

For the above reasons, this Court holds that there

is no reason to interfere with the order of the learned

Single Judge.

The appeal fails and dismissed.

Urgent Photostat certified copy of this order, if

applied for, be given to the parties on usual undertaking.

(V.M. Velumani, J.)

(Rai Chattopadhyay, J.)