Decided on December 24,2013

Bhuwan Chandra Appellant
Assistant General Manager And Ors. Respondents


Alok Singh, J. - (1.) FOR the reasons stated, restoration application No. 813 of 2013 is allowed. Order dated 27.11.2013 passed by this Court is hereby recalled. Writ petition is restored to its original number. With the consent of learned counsel for the parties, matter is heard and is being disposed of today itself.
(2.) MADHAWANAND Joshi, father of the petitioner, was working as Security Guard with State Bank of India, Agriculture Development Branch Rudrapur. He died in harness on 12.07.2001. At the time of his death, petitioner was 21 -year old. An application was moved by mother of petitioner before the Authorities seeking compassionate appointment for petitioner, which was rejected vide order dated 05.08.2003. Thereafter, correspondences were made with the Bank and vide letter dated 07.02.2005, mother of the petitioner was informed that claim of the petitioner for compassionate appointment had already been rejected vide order dated 05.08.2003, which was communicated to her by registered post AD. It was further stated that claim of the petitioner for compassionate appointment was declined considering the financial condition of the family of petitioner.
(3.) PRESENT writ petition was preferred on 05.08.2006 challenging the communication dated 07.02.2005 and seeking a writ of Mandamus commanding the respondents to grant compassionate appointment to the petitioner. As per dictum of Hon'ble Apex Court in the case of Umesh Kumar Nagpal Vs. State of Haryana reported in : 1994 (4) SCC 138, Bank Headquarters issued one circular dated 28.11.1994 to the effect that compassionate appointment can only be granted to the dependent of deceased employee considering the financial condition of family of deceased employee and in normal circumstances, all the posts fallen vacant should be filled up by way of inviting applications from all eligible candidates.;

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