- (1.) JANARDAN Sahai, J. Heard Sri K. C. Shukla, learned Counsel for the petitioner and Sri K. L. Grover, learned Senior Counsel assisted by Sri Ramesh Singh, learned Counsel for the respondent Nos. 1 to 5. With the consent of the Counsel for the parties this writ petition is being disposed of finally at this stage.
(2.) THE father of the petitioner Vijay Kumar Pandey was a Clerk in Punjab National Bank. He died in harness on 7-8-1997 leaving behind his mother, two sons and one unmarried daughter. THE bank has framed a scheme for giving employment to the dependants of deceased employees dying in harness, copy of which has been filed as Annexure-1 to the writ petition. After the death of the petitioner's father an application was filed by the petitioner seeking appointment on compassionate ground. THE said application was rejected by the Bank vide letter dated 3-11-1999 of the Manager of the Punjab National Bank, copy of which has been filed as Annexure-3 to the writ petition and the letter of the Head Office of Deputy General Manager, copy of which has been filed as Annexure C. A. 3 to the counter-affidavit. THEre were two grounds upon which the application was rejected. THE first ground is that certain misconduct was alleged against the deceased employee Vijay Kumar Pandey and the second ground is that the family pension payable to the family members of the deceased is Rs. 4,287 and terminal dues payable Rs. 1. 73 lacs. Sri K. C. Shukla, learned Counsel for the petitioner submits that the application of the petitioner has been rejected on irrelevant grounds. It is submitted by him that the mere fact that there were allegations of misconduct against the deceased is no ground for rejecting the application unless the order of dismissal was passed against him and as the deceased was in employment on the date of his death and the application for appointment on compassionate ground had to be considered by the respondents on merits. The second submission of the Sri K. C. Shukla is that the respondents have not taken into account the liabilities of the family as the deceased had left behind a dependent mother, two sons and unmarried daughter and one of the son's, the brother of the petitioner was a student of M. B. B. S. It is also submitted that the family pension of Rs. 4,287 and the terminal dues of Rs. 1. 73 lacs were not sufficient for resolving the financial crises of the family. He submits that the order rejecting the application for appointment has been passed without application of mind and without considering the relevant aspects. Sri K. L. Grover, learned Senior Counsel appearing on behalf of the Bank on the other hand contends that a criminal case was pending against the deceased, father of the petitioner and it would be deemed that disciplinary proceedings were contemplated against him. He placed reliance upon Paragraph 3 of the circular. Annexure-1 to the writ petition, which is quoted below : "in the cases where any disciplinary proceedings were being contemplated at the time of death of the employee or the employee was proceeded against before death and the details of disciplinary action cases along with the extent of financial loss, if any, caused or likely to be caused to the bank, must be conveyed along with the proposal. "
(3.) A perusal of paragraph 3 shows that even in cases where disciplinary proceedings are contemplated it has to be seen whether any financial loss had been caused. No material has been shown to indicate as to whether any financial loss was caused by the father of the petitioner. As such paragraph 3 of the aforesaid circular is not attracted to the facts of the present case. In my opinion the respondents have erred in taking account the fact that there were allegations of misconduct against the petitioner in the absence of any material to indicate as to what financial loss had been caused by the deceased. Counsel for the respondents submitted that the bank has framed its own scheme. Reference has been made to the object of the scheme in Annexure-1 to the writ petition. Sri Grover submits that the object to the scheme is to provide compassionate employment to the dependent of an employee dying in harness leaving his family without any means of livelihood, and that the bank will consider compassionate appointment only in such cases where it is satified that the financial condition of the family of the deceased employee is such that but for the provision of employment to his dependent, the family will to be unable to meet the crisis it faces at the time of death of the said employee. Sri Grover also places reliance upon paragraph 10 of the circular Annexure-1, which lays down the facts to be taken into account for determining the financial condition of the family. It is submitted by Sri Grover that the family pension mentioned in Item No. 10 (1) of the Circular which was available to the family members was Rs. 4,287 (terminal dues) and the gratuity amount available to the family members was Rs. 1. 73 lacs and he contends that as these amounts were available to the family there was no financial crisis. Item No. 10 (H) of the circular provides that the size of the family and liabilities, if any, of the family have also to be taken into account. A perusal of the impugned order passed by the Head Quarters, Annexure C. A. 3 to the counter-affidavit and the letter of the Manager, Annexure-3 to the writ petition indicates that the respondents have not taken into account at all the size of the family members of the deceased nor the fact that one of the sons of the deceased was a student of M. B. B. S. and also that fact that the mother of the deceased was an old lady of 85 years and one daughter was unmarried and the petitioner himself B. Com. was also unemployed. It is, thus, evident that even as per the requirement of the scheme framed by the Bank the respondents have not adverted to the relevant aspects of the matter.;