V.C. Misra, J. - (1.) Sri O.P. Sharma, learned Counsel for the petitioner and Sri Vipin Sinha, learned Counsel for the respondents-Bank are present. Counter and rejoinder affidavits have been exchanged in this case. On the joint request of learned Counsel for the parties, this writ petition is being decided finally at the admission stage itself in terms of the Rules of Court.
(2.) This writ petition has been filed by the petitioner for quashing the impugned order dated 16.7.2001 (Annexure No. 4 to the writ petition) declining the appointment of the petitioner on compassionate ground by the Assistant General Manager, State Bank of India' and for a direction commanding the respondents-Bank to give appointment to the petitioner in the Bank on compassionate ground on account of death of her husband who died on 25.1.2000 while working as Assistant in the Karhall Branch of State Bank of India, Agra.
(3.) The facts of the case in brief are that the husband of the petitioner Deepak Kumar Jain who was working as Assistant in the Karhall Branch, State Bank of India, Agra expired on 25.1.2000 leaving behind him the petitioner and three daughters aged about 8 years, 6 years and 3 years respectively and his old parents. Neither any moveable or immoveable property nor cash balance or jewellery was left behind by him and there was no other source of income except of family pension which was insufficient to maintain his family. His widow-the petitioner submitted an application for appointment on compassionate ground in the Bank on account of death of her husband, which was rejected by respondent No. 3 Chief General Manager (Personnel and HRD) vide letter dated 21st May, 2001 without providing any opportunity of hearing to her. The petitioner thereafter filed an appeal before the Chairman, State Bank of India, Central Office, Mumbai on 7th March, 2001 averring therein all the facts and also that the petitioner and her family should not be penalized on account of earlier acts of her late husband, whatsoever. The petitioner's appeal was also dismissed by the Chairman, State Bank of India and dismissal order was communicated to her vide its letter dated 16.7.2001. The petitioner, being aggrieved, filed this writ petition.;