Neera Ahlawat & Another vs Vijaya Bank Through Charman-Cum on 17 November, 2008

                           CWP No.11844 of 2007                           -1-


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                                        CASE NO.: CWP No.11844 of 2007

                                  DATE OF DECISION: November 17, 2008


NEERA AHLAWAT & ANOTHER                                  ...PETITIONERS

                                   VERSUS

VIJAYA BANK THROUGH CHARMAN-CUM-                         ...RESPONDENTS

MANAGING DIRECTOR & ORS.

CORAM: HON’BLE MR. JUSTICE ASHUTOSH MOHUNTA.

HON’BLE MR. JUSTICE RAJAN GUPTA.

PRESENT: MR. SANJEEV TAMAK, ADVOCATE FOR
MR. NEERA KUMAR, ADVOCATE FOR THE PETITIONERS.
MR. VIKAS SINGH, ADVOCATE FOR THE RESPONDENTS.

ASHUTOSH MOHUNTA, J.(ORAL)

The petitioner has prayed for quashing the order (Annexures

P-10 and P-14) vide which the case of petitioner No.1 for compassionate

appointment has been rejected.

Counsel for the respondents submits that while the case of the

petitioner No.1 for her appointment on compassionate grounds was being

considered, the policy of the Vijaya Bank was changed according to which

ex-gratia payment was to be made to the dependent of a deceased employee.

Learned counsel further submits that the petitioners themselves vide

Annexure R-1 opted for ex-gratia relief in lieu of appointment on

compassionate grounds. In pursuance to the request made by the petitioners

themselves, an amount of Rs.2,95,533/- was sanctioned and paid to the

petitioners. The petitioners were also paid the amounts pertaining to
CWP No.11844 of 2007 -2-

Provident Fund and Family Welfare Scheme. Mr. Vikas Singh, counsel for

the respondents further submits that the case of the petitioners for payment

of gratuity is under consideration with the competent authority and if the

petitioners are found entitled to the same, the amount shall be released

within three months.

In view of the aforementioned facts, it is clear that the

petitioners had themselves opted for ex-gratia payment in lieu of

appointment on compassionate grounds and hence the prayer made in the

writ petition for compassionate appointment no longer survives. The

respondents are directed to finalize the case of the petitioners with regard to

the payment of gratuity within a period of three months from today and in

case the petitioners are found entitled to gratuity, the same be released to

them within a period of one month of the decision.

Writ petition disposed of.

                                         (ASHUTOSH MOHUNTA)
                                               JUDGE



November 17, 2008                            (RAJAN GUPTA)
Gulati                                          JUDGE