- (1.) Heard Sri Vishnu Behari Tewari, learned Counsel for the petitioner and Sri Vivek Ratan, learned Counsel who has accepted notice on behalf of the respondents.
(2.) The petitioner claims to be the widow of late Ram Autar, who was working as Daftari/peon at Union Bank of India, Kaushalpuri, Branch Kanpur and died in harness on 12.11.1997. The petitioner appears to have made an application for grant of compassionate appointment and when the application was not being decided, she filed a Writ Petition No. 17438 of 2004, wherein the Writ Court by an order dated 16.9.2005 required the respondents to consider the claim of the petitioner.
(3.) Learned Counsel for the petitioner has submitted that in pursuance thereof the impugned order dated 7.12.2005 has been passed, rejecting the claim of the petitioner on totally untenable ground that financial condition of the family in view of the benefits given to her by the Bank does not entitled her to be granted compassionate appointment. Learned Counsel for the petitioner has placed reliance upon a judgement of the Hon'ble Supreme Court in the case of Govind Prakash Verma v. Life Insurance Corporation of India and Ors., 2005 10 SCC 289 and states that benefit received by the members of the family of the deceased employee cannot be a ground for rejecting an applicant for compassionate appointment since the same would be over and above the benefit received by the family. He has also placed reliance upon a decision of the Hon'ble Supreme Court in the case of Balbir Kaur and Anr. v. Steel Authority of India Ltd. and Ors., 2000 AIR(SC) 1596 to say that the claim of compassionate appointment cannot be negatived on the ground of introduction of a scheme assuring regular monthly income to a disabled employee or dependents of the deceased employee.;