- (1.) TARUN Agarwala, J. Since the controversy involved is common in all these writ petitions, the same is being decided by a common judgment. For facility, the facts in the case of Pankaj Kumar is taken into consideration.
(2.) IT transpires that the petitioner's father was working as an Assistant Manager in the bank and died on 8-2-2003. An application was moved by the widow praying that her son may be given an appointment on compassionate ground. The bank, rejected the application, on the ground that the monthly income of the family was more than Rs. 5,000. 00 per month and, therefore, the family condition was not penurious. The petitioner has challenged the impugned order on the ground that the scheme framed by the bank for the appointment on compassionate ground was arbitrary and violative of Article 14 of the Constitution of India. The scheme takes into consideration the terminal benefits while calculating the net monthly income of the family which could not be done inasmuch as the family pension and other terminal benefits are over and above the scheme for compassionate appointment. The learned Counsel for the petitioner submitted that the fixation of the amount of Rs. 5,000. 00 under sub-clause (e) of clause 7 of the Scheme was arbitrary and, therefore, prayed, that the scheme, in so far as it takes into consideration the terminal benefits, while calculating the net monthly income, should be declared arbitrary and void and, further prayed, that the impugned order should be quashed on this ground. On the other hand, the learned Counsel for the respondents submitted that the Scheme framed by the Bank was in consonance with the directions made by the Supreme Court in various judgments and that the impugned order had been passed in consonance with the scheme framed by the Bank. The learned Counsel further submitted that the scheme was fair and sound and was neither arbitrary nor was it violative of Article 14 of the Constitution of India.
(3.) BEFORE proceeding further it, would be necessary to quote a few provisions of the Scheme framed by the Bank for the appointment on compassionate ground, which are as under : "03-Appointment under the scheme: The Bank may, at its discretion, appoint in the Bank, in any of the posts mentioned hereunder, the widow or a son or daughter of a deceased employee of the Bank or a near relative nominated by the widow on whom she will be wholly dependent and who would give in writing that he or she would look after the family of the deceased employee, if the widow or son or daughter or a near relative, as the case may be, fulfils the criteria for appointment under the scheme. Where the deceased employee was a widower or a bachelor, the Bank may exercise its discretion in this regard, by making enquiries of the next elder in the family. The appointment under this scheme shall be made in clerical and subordinate cadres which is as under : (i) Clerk (ii) Clerk-cum-Typist (iii) Stenographer (iv) Driver (v) Sweeper/messenger 05. Method of Appointments : (x) In case a widow, son or daughter is already in employment whether in Bank or elsewhere, the Bank may, at its discretion, consider giving employment to another son or daughter after taking into account the individual circumstances of each case, i. e. , the income of the member of the family already employed, the size of the family, the assets and liabilities of the family and other relevant consideration. Provided that in case, there is no other son or daughter eligible for such appointments the widow or son or daughter employed elsewhere and who is otherwise eligible for appointment in the Bank may be given the option of joining the Bank. 07. In the light of observations of Hon'ble Supreme Court on compassionate appointment Bank will follow the rules mentioned hereunder:- Exception to the rule of appointment in public services, there can be the compassionate appointment in favour of the dependents of an employee dying in harness and leaving his family in penury and without any means of livelihood. The objective is thus to enable the family to tide over the sudden crisis. Mere death of an employee in harness does not entitle his family to such source of livelihood. (iii) Bank will examine the financial condition of the family of deceased and if it is satisfied that but for the provision of employment, the family will not be able to meet the crisis that a job is to be offered to the eligible member of the family. (iv) Lowest post in manual and non-manual categories alone can be offered on compassionate grounds. (v) The only ground which can justify compassionate employment is the penurious condition of the deceased's family. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) Necessary proof regarding the outstanding assets and present monthly income would be called by Bank from the dependents. For the purpose of certifying immovable assets and monthly income, as per current practice, Bank would continue to demand the certificate of competent Revenue Authority not below the rank of Tehsildar. (d) Dependents would also be advised to submit details of Movable, Immovable property and terminal benefits (Received and Receivable) alongwith details of outstanding liabilities of deceased employee. (e) For deciding the penurious condition, the Net income of the deceased's family from all sources should be - (i) Below Rs. 5000/-per month where the deceased employee is an officer. (ii) below Rs. 3500/-where the deceased employee is a clerical staff. (iii) Below Rs. 2500/-where the deceased is a subordinate staff. Net income of the family may be calculated by taking into account (i) Notional interest income calculated at the rate of 8. 5% per annum, subject to applicable interest rates from time to time, on the next terminal benefits and other cash assets (ii) Pension (iii) Other income, if any. Following illustration showing the calculation may be taken for arriving at next income on exemplary basis. ASSETS, LIABILITIEs 2,00,000, Gratuity 2,50,000, Housing loan 50,000, EPf 50,000, Demand loan 53,000, EDLi 75,000, Conveyance loan 90,000, Staff Welfare Scheme (KKY) (if applicable) 20,000, KKY loan 75,000, LIC (if any) 10,000, Festival Advance 50,000, P. L encashment 30,000, ODD etc. 50,000, Bank deposit/nsc etc. 50,000, Other borrowings (with proof) Total 5,68,000 Total 4,85,000 Net Liquid Assets- (568000-485000) Rs. 83,000. 00 Net Monthly Income calculated 8. 5% p. a. Rs. 588. 00 Monthly Pension (from EPF) Rs. 2,500. 00 Total Monthly Income Rs. 3,088. 00 Thus the income of the family of deceased comes to Rs. 3088. 00 and it may be taken into consideration for deciding factor (depending upon the cadre of the deceased employee) for ascertainment of penury condition of the deceased's family. " From a perusal of the aforesaid provisions of the scheme, it is clear that a discretion has been given to the Bank to appoint a member of the family of a deceased employee on compassionate ground, who fulfils the criteria for an appointment under the Scheme. No vested right has been given to an heir of the deceased for an appointment on compassionate ground. The appointment on compassionate ground is not given to an heir as a matter of right and, only a discretion is given to the Bank to give or not to give an appointment on compassionate ground. However, the discretion given to the Bank has to be exercised fairly and not arbitrarily. The criteria which has to be considered is, the income of the members of the family, the size of the family, the assets and the liabilities of the family and other relevant consideration. Under sub-clause (e) of clause 7 of the scheme, a formula has been given to arrive at the net income of the family. Clause 7 of the scheme clearly indicates, that the appointment on compassionate ground would only be considered, if the bank finds that an employee, dying in harness, had left his family in a penurious condition. If the net income is below Rs. 5,000. 00 per month, of the family of the deceased employee, who was an officer, below Rs. 3500. 00 per month in the case where the deceased employee, was a clerical staff and, below Rs. 2500. 00 where the deceased employee was a subordinate staff, in that event, compassionate appointment would be given.;