STATE BANK OF INDIA Vs. SOMVIR SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The sole respondent is the son of Zile Singh who died while in harness on May 5, 1998. He was serving as an Assistant (typist/clerk) in the appellants-State Bank of India (hereinafter referred to as appellant-Bank). The respondent's mother submitted an application requesting the appellant-Bank for appointment of respondent by way of compassionate appointment. The respondent at the relevant time was studying in his matriculation examination. The Zonal Office of the appellant-Bank at Chandigarh required the family of the deceased employee to furnish the details of assets/pension/loan/income and other details as are required in order to consider the compassionate appointment. The same were furnished by the respondent. The Deputy General Manager of the Bank submitted the proposal for the consideration of the Competent Authority in the printed format inter alia indicating the details regarding the deceased employee, terminal benefits, details of immovable property left behind him, investments and liabilities as well as pension paid. The Deputy General Manager while forwarding the request for consideration of the Chief General Manager observed that the family of late Zile Singh has reasonable source of income to sustain itself and therefore, the request for appointment on compassionate ground does not qualify for favourable consideration. No doubt, the Branch Manager where the deceased employee was working recommended the case for appointment on compassionate ground. The Chief General Manager having regard to the financial condition of the family found that the resources of the family are adequate to meet its basic needs and accordingly rejected the request for appointment on compassionate grounds. The Competent Authority found that the financial condition of the family does not justify any such appointment on compassionate grounds. The order of the Chief General Manager in detail reveals that the deceased employee was entitled to Rs. 03.15 lacs towards terminal benefits and investments out of which Rs. 02.52 lacs were deducted towards the liabilities leaving net surplus of Rs. 00.63 lacs. The monthly family income included family pension drawn from the Bank at Rs. 2, 214/- and income on agricultural land being Rs. 584/-. The family members are living in their own house. The value of the agricultural land possessed by the family has been fixed at Rs. 7 lacs. It is under those circumstances the Bank found that the family of the deceased employee had not been left in penury or without any means of livelihood.

(3.) Challenging the order of rejection, the respondent filed a writ petition in Punjab and Haryana High Court. The Division Bench held that the income of Rs. 2, 798/- "could not be treated to be an amount for the family which could be termed as such amount to take out the family from penury." The High Court accordingly directed the appellant-Bank to reconsider the claim of the petitioner for compassionate appointment keeping in view the entire facts and circumstances of the case and the observations made in the order. The order of the High Court is challenged in this appeal.