AMRITA SINHA, J. - (1.) The decision of the bank rejecting the prayer of the petitioner no. 2 for compassionate appointment is impugned in the instant writ petition. One Sukdev Prasad Singh was an employee of the bank. A disciplinary proceeding was initiated against him in the year 2012. The proceeding was decided ex parte as the employee did not attain the said proceeding in spite of repeated notices. The bank imposed the penalty of compulsory retirement with superannuation benefit by an order dated 27th February, 2013.
(2.) The petitioner no. 1 being the spouse of the employee intimated the bank that the employee went missing since 2nd February, 2007. A GDE was lodged before the concerned police station on 28th May, 2007. After passing of the final order in the disciplinary proceeding the petitioner no. 1 requested the bank for releasing the terminal benefits of the employee and also to give compassionate appointment in favour of her son being the petitioner no. 2 herein. By a letter dated 19th April, 2014 the petitioner was requested to obtain and submit a Civil Death Certificate of the employee for settlement of his terminal benefits. The petitioners filed a Suit before the learned Civil Judge (Junior Division), Alipore praying for a declaration of death of the employee. The learned Trial Judge dismissed the Suit on contest. The petitioner preferred an appeal before the court of the Civil Judge (Senior Division), Alipore which was also dismissed.
(3.) The petitioners thereafter filed a writ petition before this court praying for a direction upon the respondent authorities for disbursal of the terminal benefits of the employee and for providing compassionate appointment to the son of the employee. The said writ petition was disposed of by an order dated 4th January, 2019 by directing the bank to take a reasoned decision on the representation made by the petitioner within a specified time. In compliance of the order passed by the court the bank considered the prayer of the petitioners whereby the bank took a decision to settle the terminal benefits of the employee considering his date of death as 28th May, 2007 (presumed) that is the date on which the General Diary was lodged with the concerned police station. The prayer for compassionate appointment of the petitioner no. 2 was however rejected on the ground that there was no provision to extend compassionate appointment during the relevant time. Being aggrieved the petitioners filed the instant writ application praying for a direction upon the bank to provide compassionate appointment to the petitioner No.2. ;