Smt. Tapati Ganguly & Anr vs United Bank Of India & Ors
2023 Latest Caselaw 6875 Cal

09.10.2023             IN THE HIGH COURT AT CALCUTTA
  ML-63               CONSTITUTIONAL WRIT JURISDICTION
   (PP)                     APPELLATE SIDE

                           WPA 23024 of 2019

                        Smt. Tapati Ganguly & Anr.
                                 Vs.
                        United Bank of India & Ors.

                     Mr. Saranya Chatterjee
                                               ...for the petitioner.
                     Ms. Parna Roy Chowdhury
                                                   ....for the bank.


                  A photocopy of the Report-on-Affidavit and the

             exception thereto filed in Court today are retained

             with the records.

                  The writ petitioners challenge the impugned

             order by which the prayer of the petitioner no.2 for

             compassionate appointment has been refused by

             Punjab National Bank (PNB) erstwhile the United

             Bank of India (UBI).

                  The petitioner no.2 is the daughter of an

             employee of UBI, who died-in-harness on October 4,

             2015.     Initially, the petitioner no.2's prayer was

             rejected on account of being a married daughter. The

             said decision was set aside and the petitioners' case

             was directed to be considered afresh on the basis of a

             judgment passed by the Division Bench of this

             Hon'ble Court in respect of married daughters. The

             petitioner no.2's case was reconsidered and rejected

             on the ground that after considering the family

             income of the petitioners, it was found that the fall in

             monthly income after demise of the employee was
                                  2




marginal.       The deceased employee's last drawn pay

was Rs.20,483/ and the approximate family income

was Rs.19,866/-.

      Mr. Chatterjee, learned counsel appearing on

behalf of the petitioners submits that the income that

the petitioner no.1 received by way of family pension,

being the widow of the deceased and also on account

of   terminal         benefits        could     not   be     taken   into

consideration              for       refusing     appointment          on

compassionate              appointment.           The      scheme      for

compassionate appointment is over and above the

benefits        of     service         received       by     the     legal

representatives of the deceased employee.                      He relies

on a decision of the Apex Court reported in (2005) 10

SCC 289 (Govind Prakash Verma vs. Life Insurance

Corporation of India & Ors.)

      Ms. Roy Chowdhury, learned counsel appearing

on behalf of PNB submits that under the scheme for

compassionate appointment the family income that

the family was receiving month by month due to the

reason     of        the    benefits      received      by    the    legal

representatives on the death of the employee could be

taken into consideration for grant of compassionate

appointment.

      Considering the rival submissions of the parties

and the materials placed on record, this Court finds

that justice will be subserved by directing the

respondent/PNB to produce the relevant scheme for

compassionate appointment on the adjourned date of

hearing.

Let the matter come up for further consideration

under the same heading "Motion" on December 4,

2023.

All parties shall act on the server copies of this

order duly downloaded from the official website of

this Hon'ble Court.

(Lapita Banerji, J.)