S.N.SRIVASTAVA,J. - (1.) PETITIONER in the instant petition is the son of deceased employee of Allahabad Bank and at the time of his death, the deceased Ramesh Narain Tandon was serving in the said Bank on the post of Manager at Katra Branch Allahabad.
(2.) THE factual matrix of the case draped in brevity is that late Sri R.N. Tandon suffered affliction due to cancer and the disease prolonged to a span of five years and ultimately he succumbed to the dreaded disease on 12 -9 -1998. During the course of his affliction, the deceased underwent treatment at various places including Tata Memorial Hospital Mumbai and was administered chemotherapy treatment on six occasions in succession. It would further appear from the record that the deceased was advanced loan of Rs. 3 lacs by the Bank to meet expenses being incurred on his treatment. It is also eloquent from the record that the matter for appointment of the petitioner on compassionate ground was represented to the Respondent No. 3 initially on 3 -1 -2000 followed by letters dated 1 -12 -2001 and 6 - 5 -2002 (Annexures to the petition) and in the ultimate analysis, the Bank declined compassionate appointment to the petitioner by means of order contained in the letter dated 22 -5 -2002. I have heard the learned Counsel for the parties and traversed upon aspects bearing on the issue involved in this petition. I have also been taken through the scheme formulated and applicable in relation to compassionate appointment.
(3.) LEARNED Counsel for the petitioner drew my attention to the fact that a meagre sum of Rs. 3096/ - has been fixed as family pension and terminal dues to provident fund and gratuity etc. received by the deceased family aggregates to Rs. 5,18,704.31 p. He also drew attention of the Court to the fact that the deceased suffered from prolonged affliction which had a span of about 5 years during which period expenses incurred on treatment approximated not less than Rs. 7 lacs and in the ultimate analysis, the family was left with very meagre amount to sustain themselves. He further submitted that the deceased at the time of his death was drawing a lump -sum salary to the extent of Rs. 20,000/ - and after the death of the deceased; the family is constrained to maintain a very precarious existence on a meagre sum of Rs. 3096/ -. It is further submitted that one daughter still remains to be married off and the only son who is petitioner in the instant petition, is sitting idle after completing his education. This is the portrayal of circumstances sketched by the learned Counsel which point to the fact that the family of the deceased is somehow managing to maintain a precarious existence on the meagre amount being received as pension to the exclusion of other amounts received as terminal benefits which are stated to have been exhausted in defraying loans taken from private sources.;