MATHUR, J. - (1.) THIS petition for writ is preferred calling in question legality of the decision taken by the respondent Bank to decline appointment on compassionate grounds to the petitioner who is only son among three children of deceased bank employee.
(2.) IN brief, facts of the case are that Shri Rajendra Prasad Kalla while serving bank as Senior Assistant died on 13. 10. 2002, therefore, with consent and approval of his mother and other family members the petitioner preferred an application for appointment to a suitable post in bank on compassionate grounds. The request for appointment by the application aforesaid stood declined by the competent authority on the ground that condition of the family cannot be termed penurious that warrant appointment on compassionate grounds. The widow of late bank employee before coming to this Court by her son submitted a representation to the respondents detailing her socio-economic condition to reiterate the cause for grant of appointment to her son. The representation given by the widow deserves to be noticed, hence is reproduced as under:- From reading of the representation submitted by mother of the petitioner it is apparent that she is to receive family pension for a period of five years in a tune of about Rs. 7000/-, she received only a sum of about Rs. 52,000/- at the time of death of her husband, she is having a half constructed skeleton of the house, she is residing in a rented premises with rent of Rs. 2000/- per month and she is still to undertake marriage of her younger daughter. The petitioner also submitted a notice for demand of justice through his counsel but of no consequence. The claim of the petitioner is that the bank has not considered his family condition objectively and reached at an erroneous finding that the circumstances do not prove the petitioner and his family in penurious conditions. In reply to the writ petition it is stated by the respondents that only criteria which can justify compassionate employment is the penurious condition of the family and in the present case the competent authority after examining the financial condition of the petitioner's family reached at a specific conclusion that it cannot be termed as penurious and, therefore, the petitioner is not entitled for appointment on compassionate grounds. According to the respondents the case of the petitioner was considered under ``scheme for Employment of the Dependents of the Employee who Die while in the Service of the Bank - Service on Compassionate Grounds''. Under the scheme aforesaid a criteria is prescribed for determining financial condition of a family, that reads as under:- ``financial condition of the family. The dependents of an employee dying in harness may be considered for compassionate appointment provided the family is without sufficient means of livelihood, specifically keeping in view the following: (a) Family pension. (b) Gratuity amount received. (c) Employee's/employer's contribution to PF. (d) Any compensation paid by the Bank or its Welfare Fund. (e) Proceeds of LIC policy and other investments of the deceased employee. (f) Income of family from other sources. (g) Employment of other family members. (h) Size of the family and liabilities, etc. '' It is emphasised that the petitioner is a member of a family that is receiving family pension and that is sufficient to sustain, therefore, the petitioner is declared disentitled for getting appointment on compassionate grounds.
(3.) THE respondents alongwith their reply also placed on record the note on basis of which appointment was declined to the petitioner on compassionate grounds. THE note referred above reads as under:- ``the Dy. General Manager Jaipur Zonal Officer, vide his letter No. Ankaj/karmik/1323 dated 4. 3. 03 placed below (Flag `a'), has recommended the case of Shri Kuldeep Kalla s/o Late Shri Rajendra Prasad Kalla, Sr. Asstt. , for appointment on compassionate grounds in Clerical Cadre. Shri Kalla expired on 13. 10. 2002 at the age of 54 years. He had served the Bank for 24 years. No disciplinary action was pending or ever initiated against Shri Kalla during his service in the Bank. THE case has been examined as per Corporate Centre Guidelines for appointment on compassionate grounds and our observations have been summarised below: (A) Position regarding Assets & Liabilities of the family. ASSETs LIABILITIES (in lacs) (a) Terminal benefits (a) To the Bank (a) P. F. (b) Gratuity (c) Leave Encashment (d) M. W. Fund (Relief) 5. 87 2. 22 1. 02 0. 10 Consumer Loan Personal Loan Housing Loan Addl. Hous. Loan Demand Loan Over draft 0. 16 0. 88 4. 05 2. 32 0. 15 0. 78 9. 21 8. 34 (b) MOVABLE PROPERTy (b) TO OUTSIDERs Household goods Nil Friends/relatives 1. 27* (c) IMMOVABLE PROPERTy Constructed house and value thereof : House (constructed with Bank's finance) Value : not advised- approx. Rs. 7 lacs Income Nil * Not taken into a/c in the absence of verifiability of such borrowings (d) INVESTMENTs NSCs LIc : Rs. 0. 35 lacs Rs. 0. 85 lacs Rs. 1. 20 lacs (e) MONTHLY INCOMe (i) Family pension : Rs. 5797/- p. m. (ii) Income of employed family member (s) : Rs. NIl (iii) Monthly relief under MWs : Rs. 250/- (iv) Assumed Intt. on 30% of net corpus of terminal dues @ 6. 25% p. a. (if invested) : Rs. 363/- (v) Assumed intt. on investments @ 6. 5% : Rs. 625/- Rs. 7035 p. m. Salary Last drawn by the deceased employee Gross - Rs. 17992/- Net - Rs. 13925/- THE family of Late Shri R. P. Kalla consists of his wife aged 47 years and 1 son & 2 daughters aged 24, 27 & 22 years respectively. THE elder daughter is already married. Now there are only 3 dependents left in the family and a monthly income of Rs. 7035/- is considered adequate for sustenance of a family of 3 members. Shri Kuleep Kalla, son of the deceased, has applied for appointment on compassionate grounds in Clerical Cadre. He has passed B. Com. Part II exam. THE family owns its own house. Consideration of all aspects in entirety, it is felt that the condition of the family cannot be termed as penurious. In view of the foregoing, it is felt that as per Corporate guidelines, it is a NOT a FIT case for appointment on compassionate grounds. THE request of Shri Kuldeep Kalla for compassionate appointment in Clerical Cadre may, therefore, be declined. '' The note above provides all necessary and minute details with regard to financial status of the family of the petitioner. From perusal of the note it is apparent that the petitioner's family is having a liability to repay the loan to friends and relatives in a tune of Rs. 1. 27 lacs. No movable property is available with the family. In the name of immovable property it is only a house worth approximate Rs. 7 lacs. Out of that house the petitioner and his family is not getting any income. The family is having total investment of 1. 20 lacs against National Savings Certificates and Life Insurance. The total monthly income of entire family is of Rs. 7035/- against family pension, monthly relief under MWS, corpus of terminal dues and assumed interest on investment @ 6. 5% per annum. On basis of the income of Rs. 7035/- per month the respondent bank considered the condition of the petitioner's family as not penurious. A reliance is also placed by counsel for the respondent bank upon a judgment of Hon'ble Supreme Court in the case of Punjab National Bank and others vs. Ashwini Kumar Taneja, reported in (2004) 7 SCC 265, wherein denial of appointment on compassionate grounds to a person receiving family pension was held justified. In the case aforesaid also the same scheme was under consideration. ;