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LPA/674/2011 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 674 of 2011
In
SPECIAL
CIVIL APPLICATION No. 11002 of 2009
For
Approval and Signature:
HONOURABLE
MR.JUSTICE V. M. SAHAI
HONOURABLE
MR.JUSTICE G.B.SHAH
=================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=================================================
RAMILABEN
M PARMAR WD/O LATE MAHESHBHAI V PARMAR - Appellant(s)
Versus
DEPUTY
GENERAL MANAGER (HRM) & 2 - Respondent(s)
=================================================
Appearance
:
MR NK MAJMUDAR for Appellant(s)
: 1,
MR.VARUN K.PATEL for Respondent(s) : 1 -
3.
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date : 26/04/2011
ORAL
JUDGMENT
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
1. We
have heard Mr S.D. Suthar holding brief of Mr N K Majmudar, learned
counsel for the appellant and Mr Varun K Patel, learned counsel for
the respondents.
2. The
facts in brief are that husband of the appellant died in harness on
21.8.2006. He was serving with the respondent Bank as Peon. An
application was filed by the appellant who was widow of the deceased
for payment of ex-gratia in lieu of compassionate appointment as per
policy of the Bank. The appellant is a lady having no son and only
one daughter. The claim dated 8.3.2007 by the appellant was rejected
by the respondent on 04.4.2007 on the following grounds:
“2.1 Misuse
of DDs for fraudulent purpose causing monetary loss to the Bank to
the tune of Rs.69.00 lacs, while working at Gomtipur Branch,
Ahmedabad.
2.2 Various
misconducts on his part viz. remaining unauthorized absent from
duties, issuing cheques without maintaining sufficient balance in his
account, borrowing money from outsiders on pretext of securing
employment for them in the Bank, etc.
2.3 Giving
guarantees to certain persons for loans availed by them from Gujarat
Anusuchit Jathi Vikas Nigam, Ahmedabad, by fraudulently affixing seal
of the Bank on the guarantee letter and obtaining signature of
someone on the letter purported to be signature of the Bank
Official.”
3. The payment
of ex-gratia amount in lieu of the compassionate appointment is
discretionary. From the grounds given for rejection of the
application of the appellant by the respondent Bank, it is clear that
huge loss was caused to the Bank by the deceased husband of the
appellant.
4. Therefore,
in our opinion, the Bank had rightly rejected the application of
the appellant for grant of ex-gratia payment in lieu of compassionate
appointment. We do not find any illegality either in the order
passed by the Bank or in the order passed by the learned Single
Judge.
5. The appeal
is devoid of any merit and is accordingly dismissed.
[V
M SAHAI, J.]
[G
B SHAH, J.]
msp
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