Deepak Sharma vs Union Bank Of India
2021 Latest Caselaw 8163 MP

                                                                  W.A.No. 905 of 2019
                                            [1]

  THE HIGH COURT OF JUDICATURE FOR MADHYA PRADESH,
                  BENCH GWALIOR

                                (DIVISION BENCH)

                                 W.A.No.905 of 2019

Deepak Sharma                                                      .....Appellant
                                          Versus
Union Bank of India & Another                                      .....Respondents
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Coram :
               Hon'ble Mr. Justice Ravi Malimath, Chief Justice
               Hon'ble Mr. Justice Deepak Kumar Agarwal, Judge
--------------------------------------------------------------------------------------------
Presence :
        Shri Prashant Sharma, learned counsel for appellant.
       Shri Praveen Surange, learned counsel for respondents/Bank.

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                          O R D E R (Oral)

(03-12-2021) Per : Ravi Malimath, Chief Justice

Aggrieved by the order passed by the learned Single Judge in

dismissing the writ petition, the petitioner is in appeal.

The contention of the petitioner was that after the death of the

employee an application was made seeking for grant of appointment on

compassionate ground. The request was considered and rejected based on the

Scheme that was in force on the date of consideration of the application. The

learned Single Judge was of the view that petitioner was not entitled to

compassionate appointment because he had laid his claim after the expiry of

more than four years whereas the policy which was in force on the date of

consideration of this application for the second time petitioner is not entitled W.A.No. 905 of 2019 [2]

for compassionate appointment on the ground that his father had already

completed more than five years of service in the Bank and was above 30

years. The learned Single Judge was of the view that writ petitioner laid his

claim on 22.11.2006 and by that time the Scheme for compassionate

appointment in the Bank had changed and the policy covered by Staff

Circular dated 22.07.2003 came into force. However, it can be seen that as

on the date of death, namely on 23.04.2002 the pension Scheme 1997 was in

existence. The learned Single Judge while considering the same came to the

conclusion that since the application was made in the year 2006 the policy as

on that date requires to be considered. Hence, the plea was rejected. The

Hon'ble Supreme Court in the judgment of "Indian Bank And Others Vs.

Promila And Another reported in (2020) 2 SCC 729" had categorically held

that the claim for compassionate appointment should be the date on the death

of the employee and not the date on which the application is considered. The

employee having died on 23.04.2002 would necessarily be covered by the

pension Scheme that existed as on that date, namely, the 1997 Scheme. The

said Scheme was superseded by the Scheme of the year 2003. Therefore, it is

the 1997 Scheme that would be applicable to the petitioner. Hence, we find

that to this extent the order passed by the learned Single Judge may not be

sustainable. The respondent is liable to consider the case for compassionate

appointment based on the 1997 Scheme in view of the fact that the date of

death was 23.04.2002.

Consequently, the Writ Appeal is allowed. The order passed by the

learned Single Judge dated 04.04.2019 passed in WP. No.3916 of 2011 is set W.A.No. 905 of 2019 [3]

aside. The respondent/Bank is directed to consider the writ petitioner's plea

for grant of compassionate appointment based on 1997 Scheme. If he is

eligible under the said scheme, the compassionate appointment may be

accorded to him. The said exercise shall be completed within a period of

eight weeks from the date of receipt of a copy of this order.

                              (RAVI MALIMATH)                         (DEEPAK KUMAR AGARWAL)
                                CHIEF JUSTICE                                 JUDGE

   pd

PAWAN
        Digitally signed by PAWAN DHARKAR
        DN: c=IN, o=HIGH COURT OF MADHYA
        PRADESH BENCH GWALIOR, ou=HIGH
        COURT OF MADHYA PRADESH BENCH
        GWALIOR, postalCode=474001,
        st=Madhya Pradesh,



DHARK

2.5.4.20=5da1b3ce5c6aee672b1f51a5cf f5661c113046ab7ebb8031c36dcac4472 c040a, pseudonym=22FE9CB9F7CF0345E7FFA C9031E38DF6A29B4C10,

AR serialNumber=C72B9531562BC6028F5 D6E42E82477C85878470B30E4A7672C CA523E83C0BCB9, cn=PAWAN DHARKAR Date: 2021.12.04 17:06:31 +05'30'