Mohan Singh Prajapati vs State Bank Of India & Anr.
2022 Latest Caselaw 1572 MP

                                                      W.P. .(S) No.4175 of 2004

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  HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT AT
                    JABALPUR

Case No.                         Writ Petition (S) No.4175 of 2004(S)
Parties Name                              Mohan Singh Prajapati
                                                    vs.
                                      State Bank of India and another.
Date of order/judgment                       03.02.2022
Bench Constituted                Single Bench : Justice Purushaindra
                                 Kumar Kaurav
Order/judgment passed by         Justice Purushaindra Kumar Kaurav
Whether approved for
reporting
Name of counsel for parties      For Petitioner: None
                                 For Respondent: Shri Ashish Shroti,
                                 Adv.
Law laid down
Significant paragraph
numbers

                               ORDER

(03/2/2022) The case of the petitioner is that his father Late Gaya Prasad

Prajapati was working as Security Guard in the State Bank of India. The

father of the petitioner died in harness on 17.2.2001. The petitioner made

an application on 3.4.2002 for compassionate appointment in accordance

with the policy of the respondent-Bank. According to petitioner,

although he has received certain terminal dues amounting to

Rs.7,00,877/-, however, taking into account the liabilities on the

petitioner, the amount is not sufficient and, therefore, directions were

sought for the appointment of the petitioner on compassionate basis.

W.P. .(S) No.4175 of 2004

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2. The respondents in their reply have stated that as Clause-10 of the

Compassionate Appointment Scheme (Annx.R/2), in case of the death of

an employee in harness leaving their family in penury conditions, certain

factors are to be considered before grant of compassionate appointment.

3. It is seen that the family of the deceaed was found to have monthly

income of Rs.6085/- whereas the net take home salary, after all

deductions, of deceased employee at the time of his death was Rs.2,859/-

after making all the deductions and, therefore, taking into consideration

the financial position, the deceased employee's family was not penurious

as per applicable instructions.

4. Under almost similar circumstances, this Court passed order in

Writ Petition(S) No.2198 of 2004 ( Smt. Chitralekha Rajput Vs.

General Manager, State Bank of India and others), dismissed the said

Writ Petition. Therefore, I am of the view that the petitioner is also not

entitled for any relief at this stage when after the death of his father

about 19 years have passed and he was already offered the terminal

benefits. Since the case of the petitioner for grant of compassionate

appointment has been considered in view of the applicable policy after

applying the relevant consideration, therefore, the High Court should not

substitute its own view that too after lapse of about 19 years.

[PURUSHAINDRA KUMAR KAURAV] JUDGE A. Praj.

Digitally signed by ASHWANI PRAJAPATI Date: 2022.02.04 10:34:22 +05'30'