- (1.) Leave granted. Heard the parties.
(2.) The respondent's father employed as a Messenger in the appellant Bank, died on 1-10-2004. The respondent's mother made applications dated 6-6-2005 and 14-6-2005 requesting for his appointment on compassionate grounds. When the applications were being processed and verified, the Compassionate Appointment Scheme was substituted by the "SBI Scheme for payment of ex gratia lump sum amount" with effect from 4-8-2005. The new Scheme abolished the old Scheme for compassionate appointments and instead provided for payment of an ex gratia lump sum amount as per its terms.
(3.) Clauses 14 and 15 of the new Scheme relevant for our purpose are extracted below: "14. Date of effect of the Scheme and disposal of pending applications.-... Applications pending under the Compassionate Appointment Scheme as on the date on which this new Scheme is approved by the Executive Committee of the Central Board will be dealt with in accordance with the new Scheme for payment of ex gratia lump sum amount provided they fulfil all the terms and conditions of this Scheme. 15. Miscellaneous provisions of the Scheme (vi) With effect from the date the 'SBI Scheme for payment of ex gratia lump sum amount' comes into force the Bank's Scheme of compassionate appointments shall be deemed abolished/withdrawn and no request for compassionate appointment shall be entertained or considered by the Bank under any circumstance.";