Adersh.S vs The State Bank Of India
2021 Latest Caselaw 7176 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                       WP(C).No.27860 OF 2020(F)


PETITIONER:

               ADERSH.S
               AGED 32 YEARS
               S/O. V.G.SOMAN, VALAMTHOTTIL HOUSE, KARINILAM P.O.,
               MURIKKUMVAYAL, KOTTAYAM.

               BY ADVS.
               SRI.LIJI.J.VADAKEDOM
               SMT.REXY ELIZABETH THOMAS
               SRI.RAJEEV JYOTHISH GEORGE

RESPONDENTS:

      1        THE STATE BANK OF INDIA
               REPRESENTED BY ITS BRANCH MANAGER, KANJIRAPPALLY
               BRANCH, KOTTAYAM-686507.

      2        THE ASSISTANT GENERAL MANAGER (HR),
               STATE BANK OF INDIA, HR DEPARTMENT, LOCAL HEAD
               OFFICE, POOJAPPURA, THIRUVANANTHAPURAM-695012.

      3        STATE BANK OF INDIA,
               HR DEPARTMENT, LOCAL HEAD OFFICE, POOJAPPURA,
               THIRUVANANTHAPURAM-695012, REPRESENTED BY ITS
               AUTHORIZED OFFICER.

               R1-3 BY SRI.P.RAMAKRISHNAN, SC, STATE BANK OF
               TRAVANCORE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.27860 OF 2020(F)

                                  2

                           JUDGMENT

Dated this the 2nd day of March 2021

This writ petition is filed seeking the following reliefs:-

"i) Issue a writ mandamus or any other appropriate writ or order or direction directing the respondents to disburse the terminal benefits of the father of the petitioner - V.G.Soman (Employee No.218164), Head peon, State Bank of Travancore (Now SBI), Kanjirappally Branch.

ii) Issue a writ of mandamus or any other appropriate writ or order or direction directing the respondents to consider and dispose of Exhibit P12 application for grant of terminal benefits with notice to the petitioner within a stipulated time limit.

iii) Call for the records leading to the passing of Exhibit P14 and to quash the same by issuing a writ of certiorari or any other appropriate writ or order or direction.

iv) Issue a writ of mandamus or any other appropriate writ or order or direction directing the respondents to re- consider Exhibit P13 application for compassionate appointment with notice to the petitioner within a stipulated time limit."

2. Heard the learned counsel for the petitioner and

the learned Standing Counsel appearing for the respondent

Bank.

3. It is submitted by the learned counsel for the

petitioner that the petitioner is the son of Sri.V.G.Soman, WP(C).No.27860 OF 2020(F)

who was an employee of the State Bank of Travancore,

Kanjirappally Branch. It is stated that the petitioner's father

had been diagnosed with Chronic Kidney disease and he was

undergoing haemodialysis. While so, he was advised renal

transplantation. It is stated that the petitioner's father was

found missing from 18.11.2012 onwards. No information was

received from any source and Ext.P4 F.I.R was lodged on

20.11.2012. It is stated that since the petitioner is a B.Tech

graduate, a request was made for compassionate

appointment to the petitioner on account of the fact that his

father was missing and was not heard of since 18.11.2012. A

final report was filed in the Criminal case on 31.05.2013. It is

stated that the petitioner has submitted repeated requests

before the Bank and by Ext.P8, the Bank had accepted that

Sri.V.G.Soman is not traceable and on receipt of the report

from the Police, further steps for release of terminal benefits

can be taken. However, the terminal benefits have not been

released and the request for compassionate appointment

has not been considered.

WP(C).No.27860 OF 2020(F)

4. A statement has been placed on record on behalf

of respondents 1 to 3. It is submitted that the settlement

entered into between the Management and the employees

specifically provides for terminal benefits due to employees

whose whereabouts are not known. It is stated in paragraph

4 as follows:-

"4. Instructions dated 05/05/1998 issued by the SBI deal with settlement of terminal dues of employees whose whereabouts are not known. Clause 2 and 3 of the said instructions read as follows:

"2............. In order to mitigate the hardship of the family members who would already be hard pressed for lack of financial support with the disappearance of the bread earner, it has been decided as under:

i. when an employee disappears leaving his family, the family can be paid in the first instance the amount of unpaid salary, leave encashment dues and provident fund balance having regard to the valid nominations, if any made by the employee in accordance with the Provident Fund Rules.

ii. After a lapse of a period of one year, other benefits like compassionate gratuity or the gratuity under service rules, pension fund dues, if any may be paid to the family.

3. The above benefits may be sanctioned on completion of the following formalities in addition to other usual formalities:

a. The family must lodge a report with the concerned police station and obtain a report that the employee has not been traced after all efforts had been made by the police.

WP(C).No.27860 OF 2020(F)

b. An affidavit signed by the major claimants that the employee has suddenly disappeared and he has not been heard of since then and had he been alive he would not have failed to communicate with them should be obtained.

c. An indemnity Bond should be taken from the nominee/dependents of the employee that all payments will be recovered from them or be adjusted against payment due to the employee in case he re-appears on the scene and makes any claim.

The date of police report will be treated as date of death of the employee for settlement of terminal dues.

d. Adjustments of the employee's liability to the bank will be made as provided in the Rules/laws/extant instructions.

e. Approval of the Trustees, would need to be taken in each case where the payments are to be made from the Pension/Provident Fund. In case of other payments the same authority who is authorized to make payment of usual unpaid salary, leave encashment, gratuity should exercise the powers in these cases as well."

It is further stated in the statement that the Bank is willing

to settle the eligible terminal benefits to the legal

heirs/nominees of Sri.V.G.Soman, if the requirements are

strictly met. With regard to the petitioner's claim for

compassionate appointment, it is stated that the provisions

of Circular dated 08.02.2006 as well as Circular dated

17.04.2015 specifically state that dependents of

missing/absconding employees are not eligible for the

benefits of compassionate appointment under the scheme. It WP(C).No.27860 OF 2020(F)

is stated that compassionate appointment is limited to cases

where an employee dies while performing official duty or

where an employee dies within 5 years of the first

appointment or before reaching the age of 30 years,

whichever is later.

5. Having considered the contentions advanced on

either side, I am of the opinion that, in view of the specific

contention taken by the respondents that the petitioner

would not come within the conditions specified for

compassionate appointment, the claim raised by the

petitioner for compassionate appointment cannot be

accepted. However, with regard to the release of terminal

benefits due to the petitioner, in view of the fact that Ext.P8

has been issued as early as on 09.08.2014, the question of

release of terminal benefits to the petitioner/legal heirs has

to be expedited by the Bank. The terminal benefits due are

liable to be released to the family without further delay, at

any rate, within a period of three months from the petitioner

and his family members complying with all the due WP(C).No.27860 OF 2020(F)

procedures including the furnishing of the affidavit as well as

the indemnity bond as stated in paragraph 4 of the

statement submitted by the respondents.

6. The further contention of the petitioner with

regard to the adjustment of the dues of the employee by

waiving the interest due on the payments at least with effect

from the date of Ext.P8 shall be compassionately considered

by the appropriate authority of respondents.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Bng/03.03.2021 WP(C).No.27860 OF 2020(F)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE IDENTITY CARD ISSUED TO THE FATHER OF THE PETITIONER V.G.SOMAN FROM THE STATE BANK OF TRAVANCORE, KANJIRAPPALLY BRANCH.

EXHIBIT P2 THE COPY OF THE CERTIFICATE DATED 22.8.2012 ISSUED BY THE CONSULTANT NEPHROLOGIST, CARITHAS HOSPITAL.

EXHIBIT P3 THE COPY OF THE CERTIFICATE DATED 24.9.2012 ISSUED BY THE CONSULTANT NEPHROLOGIST, LAKESHORE HOSPITAL.

EXHIBIT P4 THE COPY OF THE FIR NO.921/2012 OF MUNDAKKAYAM POLICE STATION.

EXHIBIT P5 THE COPY OF THE MALAYALA MANORAMA DAILY DATED 27.11.2012 WITH RESPECT TO THE NEWS OF MISSING OF THE PETITIONER'S FATHER V.G.SOMAN.

EXHIBIT P6 THE COPY OF THE FINAL REPORT DATED 31.5.2013 IN FIR NO.921/2012 OF MUNDAKKAYAM POLICE STATION.

EXHIBIT P7 THE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER'S MOTHER CHANDRAMATHI M.S.

EXHIBIT P8 THE COPY OF THE LETTER NO.AGM II/K/20 DATED 9.8.2014 ISSUED FROM THE ZONAL OFFICE, KOTTAYAM.

EXHIBIT P9 THE COPY OF THE VERIFICATION REPORT NO.IAPS/127119/15 DATED 10.8.2015 ISSUED BY THE DEPUTY SUPERINTENDENT OF POLICE, KANJIRAPPALLY.

EXHIBIT P10 THE COPY OF THE SHOW CAUSE NOTICE DATED 29.3.2017 IN THE MATHRUBHOOMI DAILY. WP(C).No.27860 OF 2020(F)

EXHIBIT P11 THE COPY OF THE STAFF CIRCULAR NO.38/2008 DATED 23.9.2008 ISSUED BY THE SBT (AVAILED FROM INTERNET).

EXHIBIT P12 THE COPY OF THE REPRESENTATION DATED 8.10.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT BANK.

EXHIBIT P13 THE COPY OF THE REPRESENTATION DATED 8.10.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P14 THE COPY OF THE COMMUNICATION NO.1227/239 DATED 23.11.2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P15 THE COPY OF THE RELEVANT EXTRACT OF THE SCHEME FOR COMPASSIONATE APPOINTMENT IN PUBLIC SECTOR BANKS (WHICH IS THE ENCLOSURE TO CIRCULAR NO.CIR/HR&IR/2014-15/532/476 DATED 11.8.2014)(AVAILED FROM INTERNET).