- (1.) 1. Heard Sri D.S.P. Singh, learned counsel for the petitioner at great length and perused the record.
(2.) THIS writ petition is directed against the order dated 21.03.2006 passed by the respondent-Bank rejecting the claim of petitioner for appointment on compassionate basis on the ground that the assets and financial condition of petitioner does not warrant such appointment since it cannot be said that the family is in penury. Sri Singh contended that the deceased employee working as Clerk in the Bank died on 18.11.2001 due to blood cancer and his family incurred medical expanses to the tune of more than Rs. 10 lacs for which the family also borrowed a substantial amount from relations, friends etc. He said that the elder son of the deceased is living separately doing his own business though his income is also negligible and is inadequate to maintain even his family consisting of his wife and children. The deceased, besides the elder son, Sri Sandeep Gupta, has left an unmarried daughter, Km. Sima Gupta and the petitioner. The family is residing in a rented house and, therefore, the findings recorded by the Bank that the family is not in penury and has a better financial status disentitling the petitioner for compassionate appointment is incorrect and deserves to be set aside. He also relied upon a Single Judge judgement of this Court in Dhiraj Kumar Dixit Vs. General Manager (Personnel), UCO Bank and others, 2002(4) AWC 2970 and the Apex Court's decision in Balbir Kaur and another Vs. Steel Authority of India Ltd. and others, 2000(6) SCC 493 and contended that the lump sum payment made to the family of the deceased employee towards gratuity, leave encashment, provident fund, insurance etc. could not have been taken into account to consider the assets and financial status of a family.
(3.) HOWEVER , I do not find any force in the submission.;