PRADEEP KANT AND B.B.AGARWAL, JJ. - (1.) THE delay of 43 days in filing the appeal has been appropriately explained by the appellant. The objections against the said prayer of condoning of delay are not sufficient to deprive the appellant his right of appeal to challenge the impugned orders which are per se illegal. The delay is, therefore, condoned.
(2.) AFTER condoning the delay we have proceeded to hear the appeal on merits with the consent of the parties' counsel. The appellant had claimed appointment on compassionate ground as his father Sri Jagadamba Prasad Pandey died in harness, while working with the Bank of India in one of its Branches at Lucknow. The Bank refused to consider the case for compassionate appointment after observing that since the father of the petitioner was awarded punishment for gross misconduct of misutilizing leave fare concession facility, therefore, the appellant cannot given compassionate appointment.
(3.) THE learned single Judge, however dismissed the writ petition on the day of preliminary hearing as the learned Counsel for the petitioner could not find the relevant Bank Circular/Rules contemplating compassionate appointment on compassionate ground.;