CHIEF GENERAL MANAGER, STATE BANK OF INDIA Vs. KAVITA PANDEY
LAWS(UTN)-2013-11-5
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on November 13,2013

CHIEF GENERAL MANAGER, STATE BANK OF INDIA Appellant
VERSUS
KAVITA PANDEY Respondents

JUDGEMENT

- (1.) Heard Mr. D.S. Patni, Advocate for the appellants and Mr. Bhagwat Mehra, Advocate for the respondent. This Special Appeal is directed against the judgment and order dated 16-09-2013 passed by learned Single Judge of this Court, in Writ Petition No. 368(S/S) of 2013, Smt. Kavita Pandey Vs. The Chief General Manager and others, whereby the learned Single Judge allowed the writ petition and issued a mandamus directing the respondents/appellants to give compassionate appointment to the petitioner within a period of eight weeks from the date of production of a certified copy of the impugned order dated 16-09-2013.
(2.) The relief sought in the present appeal is that the judgment and order passed by learned Single Judge be set aside and the writ petition filed by the respondent be dismissed on the ground that the learned Single Judge failed to appreciate that the death of the husband of petitioner/respondent was under mysterious circumstances. Sri Pandey husband of the petitioner/respondent had not died while performing his official duty, as a result of violence, terrorism, robbery or dacoity. The sudden disappearance of husband of petitioner/respondent from the Branch and his subsequent death had no connection with the course of performance of official duty.
(3.) It is also contended by the learned counsel for the appellants that the appointment on compassionate ground is an exception to the general rule and same can be granted strictly as per the provision of the Scheme, as such same cannot be granted dehors the provisions of the Scheme.;


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