Delhi High Court
Savitri Devi vs Uoi & Anr. on 12 March, 2013
Author: Valmiki J. Mehta
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) No. 16818/2006
% 12th March, 2013
SAVITRI DEVI ...... Petitiner
Through: Mr. Harish Pandey, Adv.
VERSUS
UOI & ANR. ...... Respondents
Through: Mr. Sachin Datta, Adv. for R-1.
Mr. Satyendra Kumar, Adv. for Mr. Sanjeev
Kr. Gupta, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. By this writ petition, the petitioner who is a widow of one Sh. K.P.Mishra,
seeks compassionate employment with the respondent no.2/Dena Bank either for
herself or her daughter.
2. The respondent no.2-bank had filed counter-affidavit and stated that the
present case is not a case of an employee dying while in service with the
respondent no.2, but the case is a case where the employee had abandoned his
services with the respondent no.2. It is stated in the counter-affidavit that the
WP(C) 16818/2006 Page 1 of 3
husband of the petitioner on account of failure to join duties was issued notices, for
rejoining his duties, which however were not complied with and therefore it was
held that the husband of the petitioner had voluntarily abandoned his services. It is
pleaded in the counter-affidavit that the principle of compassionate employment
cannot apply where there is voluntary abandonment of services and the same will
only apply when there is a death of an employee in service. Paras 5 and 6 of the
preliminary objections of the counter-affidavit are relevant and the same read as
under:-
"5. That the Writ petition of the petitioner is liable to be dismissed as
the husband of the petitioner Sh.K.P.Mishra was working with the
respondent bank and the remained un-authorisely absent from his duties
w.e.f. 25.5.1992 and accordingly in terms of the clause 17 of Bipartite-
Settlement dated 10.4.1989 (Copy enclosed and marked as annexure-A),
he was given notice through leading news papers on 28.7.1993, i.e.
Hindustan Times, Times of India, Navbharat, Hindustan, Statesman and
Indian Express thereby called upon him to attend the branch office
Allipore Delhi where he was lastly posted latest by 27.8.1993 and also
explain his unauthorized absent failing which he shall be deemed to have
voluntarily abandoned the services. Copy of the notice are annexed
herewith as mark as annexure B and C. Since he failed to report/attend
his branch despite the notice till 28.8.1993, hence he voluntary
abandoned the service of the bank.
5.That the Writ petition of the petitioner is liable to be dismissed as the
services of Sh.K.P.Mishra husband of the petitioner has voluntary
abandoned the service of the bank, hence the petitioner is not entitled for
any relief as prayed in the petition.
6. That the Writ petition of the petitioner is liable to be dismissed as
Sh.K.P.Mishra had not opted for pension and as such the petitioner can
not claim the pension. Regarding providing job to his legal heirs to the
WP(C) 16818/2006 Page 2 of 3
petitioner or any of his children. It is submitted that bank is unable to
provide job since husband of the petition had voluntarily
abandoned/vacated the services of the bank and have not expired when he
was in service."
2. In view of the above, the claim of the petitioner for compassionate
employment cannot succeed because a person on the date of death must be in
employment of respondent no.2-Bank and in the present case, merely because the
petitioner's husband is untraceable will not mean that on the date of abandonment
of the services he was dead so that the policy of the compassionate employment
will apply.
3. The writ petition is accordingly dismissed, leaving the parties to bear their
own costs.
MARCH 12, 2013 VALMIKI J. MEHTA, J.
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