JUDGEMENT
D.P.SINGH, J. -
(1.) Heard learned counsel for the petitioner
and Sri Vivek Ratan for the respondents. This
petition is directed against an order dated July
24, 2006 by which the claim for compassionate
appointment of the petitioner has been rejected.
The husband of the petitioner was working as
a Daftan in the respondent-Bank, who died in
harness on August 31, 1997. She preferred a
Writ Petition No. 26788/2006 when she was
not given compassionate appointment, the
petition was finally disposed off directing the
respondents to consider her representation. In
pursuance thereof the claim has been rejected
holding that the petitioner was given the option
of one time lump-sum payment in lieu of
compassionate appointment and she accepted
the one time lump-sum amount of Rs.
6,40,000/- and submitted an affidavit that she
will not claim any further benefit including that
of compassionate appointment. It appears that
the petitioner concealed the aforesaid facts
when filing the earlier Writ Petition No.
26788/2006.
(2.) Such a person who deliberately
conceals material facts before the Courts is not
entitled to any relief. Though it is stated in this
petition that the petitioner did not know about
the contents of the affidavit as she is illiterate,
this explanation should have come in the earlier
writ petition. Even otherwise, she has been
awarded a handsome amount of Rs. 6,40,000/-
under the scheme of the Bank, which has been
upheld by the Apex Court in the case of State
of Haryana and Others v. Umesh Kumar and
Nagpal AIR 1995 SC 319 : (1994) 4 SCC 138
: 1995-I-LLJ-798 and therefore, she cannot
now turn around to claim compassionate
appointment. The Apex Court in the case of
General Manager v. Kunti Tiwari has held that
if sufficient amount is paid to the dependent, he
loses his right of compassionate appointment
because the object is only to lend a helping hand
in a financial crises.
(3.) For the reasons above, this is not a fit
case for interference under Article 226 of the
Constitution of India. Rejected.;
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