- (1.) Heard Sri Raghvendra Sharan Tiwari, Advocate, holding brief of Sri B.K.Tripathi, learned counsel for petitioner, Sri Rajesh Srivastava, Advocate, holding brief of Sri Himanshu Tewari, learned counsel for respondents 2 and 3 and perused the record.
(2.) This writ petition is challenging order dated 21.04.2004, Annexure 15 to the writ petition, whereby claim of petitioner for compassionate appointment has been rejected by Chief Manager (Personnel Administration) Allahabad Bank (hereinafter referred to as "Bank") on the ground that as per scheme of compassionate appointment, petitioner has not been found eligible for compassionate appointment. Petitioner's father was working as Clerk cum Accountant and met an accident on 03.6.1995 which ultimately resulted in his death on 13.05.1996. He left behind his widow Smt. Parvati Devi and six sons namely, Anand Prakash, chandra Prakash, Hari Prakash, Satya Prakash, Ajay Prakash, Kripa Prakash and two daughters. Petitioner is the third son of the deceased. Petitioner applied for compassionate appointment vide application dated 02.7.1996.
(3.) Petitioner's elder brother has obtained certain loan for business purpose and committed default and in recovery thereof, some amount were adjusted by the Bank from the amount payable to deceased's wife. However, it is on record that family pension was Rs.4457.94. Besides, deceased has 12 bighas agricultural land and own residential house. Considering facts and circumstances Bank vide letter dated 08.01.2002 rejected application for compassionate appointment on the ground that his financial condition is not without any means of livelihood and his family cannot be said to be in penury. Again petitioner applied for compassionate appointment but this time also the same has been rejected.;