AMRITA SINHA, J. - (1.) The prayer of the petitioner for being appointed on compassionate ground under the died-in-harness (DIH) scheme of the Bank has been declined. The same is under challenge in the instant writ petition. The brother of the petitioner was an employee of the Bank. The employee died in harness on 26th September, 2015. The employee was a bachelor at the time of his death and he left behind his father, mother, grandmother and the petitioner herein being his unmarried sister as his heirs and dependents.
(2.) The family of the petitioner was under grave economic distress on the death of the sole earning member of the family. To tide over the financial crisis the petitioner made an application in the Bank for being appointed on compassionate ground under the DIH scheme. The application of the petitioner was forwarded by the Senior Manager of the Bank to the Chief Manager by a communication dated 5th December, 2015. The petitioner was informed by the Chief Manager-P.A. (AS) of the Bank by a communication dated 20th July, 2016 that the wholly dependent brother or sister in case of an unmarried employee is eligible for appointment as per the DIH scheme of the Bank. However, as the name of the petitioner was not recorded in the Bank's record as dependant, the petitioner was requested to produce the documentary evidence that she was dependent on her deceased brother after her marriage, and also to give evidence that her parents do not have any source of income so that the Bank can take a decision as per their guidelines. The petitioner forwarded the documents to show that she was dependent upon her brother's income and further her parents did not have any regular source of income. She mentioned that the family was living in a hand to mouth condition after the accidental death of her brother. She specifically submitted that she was unmarried.
(3.) By the impugned communicated dated 21st November, 2016 the petitioner was informed that after scrutiny of all the connected records and documents submitted by her, the Bank has come to a conclusion, that she was not eligible for being appointed on compassionate ground under the DIH scheme. The petitioner made further representation for reconsideration of her prayer, but the same was again turned down by a communication dated 29th March, 2017. It is the specific case of the petitioner that the entire family consisting of her parents, her grandmother and herself were completely dependent upon the income of the deceased employee. None of the family members have a regular source of income. As the impugned order dated 21st November, 2016 did not disclose the reason for rejection of the prayer of the petitioner, accordingly the Court directed the Bank to disclose the reasons for rejection by way of affidavit. In the affidavit in opposition that was affirmed by the Bank on 18th August, 2017 it was mentioned that the employee was a member of the National Pension Scheme, 2004 and the petitioner was a nominee along with other family members. Apart from bare denial of the statements made by the petitioner in her writ petition no reason whatsoever was disclosed in the said affidavit for rejecting the prayer of the petitioner. ;