SARASWATI DEVI Vs. THE ASSISTANT GENERAL MANAGER, STATE BANK OF INDIA AND ORS.
LAWS(JHAR)-2015-5-101
HIGH COURT OF JHARKHAND
Decided on May 22,2015

SARASWATI DEVI Appellant
VERSUS
The Assistant General Manager, State Bank Of India And Ors. Respondents

JUDGEMENT

- (1.) In this application, the petitioner has prayed for quashing the Letter dated 08.02.2005 issued under the signature of General Manager (II) State Bank of India in which it was communicated to the Deputy General Manager, State Bank of India, Zonal Office, Ranchi that the proposal for compassionate appointment to the petitioner has been rejected on the ground that during the service period of husband of the petitioner a departmental proceeding was initiated against him which resulted in inflicting the punishment of withholding two annual increments. Further prayer has been made by the petitioner for quashing the Letter dated 14.02.2005 issued by the respondent No. 1 intimating the respondent No. 3 that the claim for compassionate appointment of the petitioner has been rejected by the competent authority.
(2.) The petitioner is the widow of Late Kishore Kumar Gope who was working as a Messenger in the State Bank of India, AG Complex, Branch, Ranchi and who died in harness on 01.05.2003. On the death of her husband, the petitioner made an application on 08.12.2003 to the respondent No. 3 for appointing her on compassionate ground due to the death of her husband and the subsequent financial hardships she is facing. Inaction on the part of the respondents in considering the representation submitted by the petitioner made her submit another representation on 02.08.2004 and ultimately in terms of the Letter dated 08.02.2005 addressed by the General Manager (II) State Bank of India to the respondent No. 2 the claim of the petitioner was rejected on the ground that no compassionate appointment can be granted in a case where the deceased employee has been proceeded against in a departmental proceeding and has been inflicted with an order of punishment. Based on the rejection of recommendation of the petitioner for compassionate appointment the petitioner was directed to be informed in terms of the Letter dated 14.02.2005 issued by the respondent No. 1.
(3.) Heard Mr. Siddhartha Ranjan, learned counsel appearing for the petitioner and Mr. Rejesh Kumar, learned counsel appearing on behalf of the State Bank of India.;


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