- (1.) THIS intra -court appeal is directed against the order dated 08.02.2010 whereby the learned Single Judge of this Court has declined to entertain the writ petition (CWP No. 1102/2010) filed by the petitioner -appellant seeking directions against the respondent -Bank for consideration of his case for appointment on compassionate grounds. The learned Single Judge found the petitioner -appellant disentitled to any relief for compassionate appointment after about 15 years of the demise of the employee (father of the appellant).
(2.) PUT in brief, the relevant facts and background aspects of the matter are that appellant's father Shri Man Mohan Singh expired on 13.11.1995 while serving as Daftari with the respondent -Bank at its K.E.M. Road Branch, Bikaner. According to the petitioner -appellant, his mother had expired way back on 12.10.1993 and, at the time of death of the father, he was a minor, being born on 19.07.1988; and hence, his grand father submitted a representation to the respondent - Bank on 30.11.1995 (Annex.2) for marking a lien over employment in his favour whereupon, by the order dated 16.07.1996 (Annex.3), the respondent -Bank did agree to offer him employment on attaining majority subject to fulfillment of the eligibility criteria as per the Bank's guidelines (Annex.3). The case of the petitioner -appellant has been that he passed the Secondary School Examination in the year 2004 and the Senior Secondary Examination in the year 2006; and that the Bank, as per its decision, ought to have offered him a suitable job. According to the appellant, when nothing was heard from the Bank, he forwarded an application (Annex.5) with relevant documents for according him appointment and met the Senior Manager of the concerned Branch but then, the Senior Manager by the letter dated 20.03.2009 (Annex.6) raised the question as to why did he not approach the Bank earlier. The appellant referred to some further correspondence wherein the Bank raised the queries about his present status and employment, if any, and reply thereof by him and submitted that ultimately he got served a notice through the lawyer on 10.11.2009 (Annex.10) whereupon, again, certain information was sought if he had been in employment and then, his claim was rejected by the Zonal Manager under the communication dated 24.12.2009 (Annex.12) on the grounds that the lien was operative for four years from the demise of the employee as per the guidelines and when he remained minor even after lapse of such four years, his case could not be considered for appointment.
(3.) WITH reference to the facts aforesaid, the petitioner contended in the writ petition that the action of the respondents in denying him appointment on compassionate basis was arbitrary, unjustified and against all cannons of justice. The learned Single Judge, as noticed, found no case for grant of relief after about 15 years of demise of the employee.;