Rakesh Sharma - (1.) HEARD Sri Shailendra, learned counsel for the petitioner and Sri R. B. Sahai, learned counsel appearing for the respondents.
(2.) A widow having six minor children at the time of death of her husband, who was working as a Cashier in the Baroda Eastern Uttar Pradesh Gramin Bank (hereinafter referred to as the Bank), has knocked the doors of this Court by means of the present writ petition seeking compassionate appointment for herself in the light of the relevant scheme which was prevalent in the Bank in the year 2004 at the relevant time that is on 26.10.2004 when she sought such appointment by submitting an application. It emerges from the record that the petitioners husband-late Awadhesh Kumar Srivastava, who was the only bread earner of the family, was working as Cashier in the Kshetriya Gramin Bank in the district of Kaushambi. Husband of the petitioner had died on 25.9.2004, while he was in active service of the Bank leaving behind, his widow and his six minor children, four sons and two daughters, namely, Amit Kumar Srivastava, Vineet Kumar Srivastava, Akash Kumar Srivastava, Vikash Kumar Srivastava, Km. Akansha Srivastava and Km. Abha Srivastava. The widow of the deceased employee was left to sustain with her six minor children, who were studying in different classes in different institutions and the family for its survival was wholly dependent on the income of the deceased employee. At the relevant time, there was a specific scheme known as "Mritak Karmachariyon ke ashriton ki anukampa key adhar par bharti ki yojana" was in vogue in the Bank. Petitioners case, who had sought compassionate appointment due to death of her husband in harness, was covered by this scheme for which a format application was submitted by the petitioner on 26.10.2004, after completing all the necessary formalities. This application was duly received by the Bank, but no action was taken on this application nor any orders were passed for more than two years, though reminders were also sent by the petitioner to consider her case for compassionate appointment. The petitioner, for the first time, was informed by the Chief Manager/ Mukhya Prabandhak of Baroda Eastern Gramin Bank vide a letter dated 27.1.2007, Annexure-7 to the writ petition, that her case would now be dealt with under the new scheme of 6.12.2006. By the said letter, the petitioner was informed that the Board of Directors of the Bank had resolved on 6.12.2006 that the old scheme of compassionate appointment has been wound up and in place of the same a new scheme has been promulgated, a copy of the scheme has been annexed by Sri R. B. Sahai, learned counsel for the Bank, alongwith his counter-affidavit as Annexure-CA-1.
(3.) IT has been brought to the notice of the Court by the learned counsel for the Bank that as per provisions of the new scheme the application for compassionate appointment, if any pending, on the effective date shall be dealt with in accordance with the new scheme spelt out in the resolution of the Board dated 6.12.2006. The petitioner, thus, shall be entitled for a financial package instead of a compassionate appointment as sought by her under the old scheme. Learned counsel for the Bank has placed reliance on judgments in Life Insurance Corporation of India v. Mrs. Asha Ramchandra Ambedkar and another, AIR 1994 SC 2148 ; Abhimanyu Ratan Bhardwaj v. State of U. P. and others, 2006 (1) ADJ 440 (All-DB) and Mishri Lal and others v. Union of India and others, 2006 (1) ADJ 443 (All) : 2006 (5) AWC 4403 (DB) and the judgment rendered by a Division Bench of this Court on 1.10.2O04 in Special Appeal No. 840 (D) of 2004, Vidhyavrat Rajpoot v. Mukhya Vittiya Adhikari Zila Parishad, Indira Bhawan, U. P. Lucknow and others, copies of which have been annexed alongwith the counter-affidavit, in support of his case. Besides to it, he has also filed a supplementary counter-affidavit placing before the Court an interim order passed by the Hon'ble Apex Court on 8.12.2008 by which the operation of the judgment and order of a Division Bench of this Court over the compassionate appointment in such circumstances to a candidate in the State Bank of India has been stayed. According to learned counsel appearing for the Bank, the petitioner's case has to be dealt with in accordance with the new scheme dated 6.12.2006 and not in accordance with the old scheme.;