High Court Kerala High Court

Rev.P.V.Jacob vs The Chief General Manager on 19 March, 2009

Kerala High Court
Rev.P.V.Jacob vs The Chief General Manager on 19 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 11502 of 2008(T)


1. REV.P.V.JACOB, PEZHAMATTATHIL ROSE
                      ...  Petitioner

                        Vs



1. THE CHIEF GENERAL MANAGER,
                       ...       Respondent

2. THE ASSISTANT GENERAL MANAGER,

3. THE BRANCH MANAGER, STATE BANK OF INDIA,

4. THE CHIEF GENERAL MANAGER (P & HRD),

                For Petitioner  :SRI.SIBY MATHEW

                For Respondent  :SRI.GEORGE THOMAS(MEVADA), SC, SBI

The Hon'ble MR. Justice V.GIRI

 Dated :19/03/2009

 O R D E R
                            V.GIRI, J.
            -------------------------
                  W.P.(C).No.11502 of 2008
            -------------------------
              Dated this the 19th day of March, 2009.

                          JUDGMENT

The daughter of the petitioner Ms.Rachael, while

employed in the State Bank of India, as Assistant, died due to

Internal Collapse at the age of 35 years, with 15 years of service

to her credit, on 19.4.2005. At that time, she was drawing a

salary of Rs.11,288/- per month. A scheme for compassionate

appointment was available in the bank and an application was

made by the brother of the deceased, the son of the petitioner

herein, for compassionate appointment in the bank, on

21.5.2005, within a short time of the death of the incumbent.

This was rejected as per Ext.P2, essentially on the ground that

the incumbent was visited with disciplinary action while in

service, by way of a punishment wherein her scale of pay was

brought down by two stages and since her career was blemished

on account of the disciplinary action, the dependent of a

deceased, whose career was blemished was ineligible. But

later, Ext.P4 was brought about with some radical changes.

W.P.(C).No.11502 of 2008

:: 2 ::

Instead of compassionate appointment, the bank was to grant

Ex-gratia Lumpsum payment. Further, the persons eligible for

Ex-gratia payment, in the case of an unmarried employee,

would be the parents. The petitioner is a retired Priest aged 69

years. Going by the averments in the writ petition, it seems

that the family was living with the wages earned by his

unmarried daughter. Further, under Ext.P4, the disability

which earlier visited the dependents of employees whose career

was blemished was removed and such persons were also found

eligible to apply for Ex-gratia payment. This is discernible from

Clause 15(ii) of Ext.P4 scheme, which reads as follows:

“The dependents of employees, who have

died and whose service records were blemished on

account of disciplinary action having been taken against

them, will be considered under the scheme as this is a

welfare measure and the families should not suffer for

their acts. Similarly, where the employees were facing

should not suffer for their acts. Similarly, where the

employees were facing disciplinary action at the time of

death, the cases will be treated as abated. The

payment of Ex-gratia will be considered in such cases

also. However, employees seeking premature

W.P.(C).No.11502 of 2008

:: 3 ::

retirement due to incapacitation before 55 years of age

and whose service records are blemished on account of

disciplinary action having been taken against them, will

be ineligible for payment of Ex-gratia Lump sum amount

under the Scheme.

2. Ext.P5 application was submitted by the petitioner

for such Ex-gratia payment on 23.1.2006. The petitioner had

earlier approached this court in W.P.(C)No.19480/07, which led

to Ext.P7 judgment, recording the submission of the bank that

Ext.P5 application had already been rejected by the order

marked as Ext.R1(d) in the said writ petition. The said order

Ext.P8 has now been challenged in this writ petition.

3. A detailed counter affidavit has been filed by the

bank.

4. I heard learned counsel for the petitioner Mr.Philip

J.Vettickattu and Mr.George Thomas, learned counsel for the

Bank.

5. Mr.George Thomas submits that Clause 14 of the

Scheme would show that only applications preferred under the

W.P.(C).No.11502 of 2008

:: 4 ::

earlier scheme that were pending at the time of enforcement

of the new scheme viz., 4.8.2005 would be eligible to be

considered under the new scheme. Ext.P2 is a communication

by which the application submitted under the earlier scheme

stood rejected on 24.6.2005. It was not pending as on

4.8.2005. The stand taken in Ext.P8 is wrong according to the

learned counsel for the petitioner. No doubt, Clause 14 of

Ext.P4 speaks about the manner in which the applications

preferred under the earlier scheme are to be dealt with.

Therefore, there is an implied bar on fresh applications being

entertained under the new scheme, if an application under the

old scheme for compassionate appointment had already been

rejected. But, I am inclined to hold that the scheme which

provides for Ex-gratia payment in lieu of compassionate

appointment should be liberally considered insofar as the

scheme provides for considering applications for such Ex-gratia

payments. In the absence of an express bar against

consideration of an application for Ex-gratia payment, at the

W.P.(C).No.11502 of 2008

:: 5 ::

instance of a dependent, in spite of an application for

compassionate appointment having been rejected under the old

scheme, I am of the view that the bank should consider the

application filed by the petitioner for Ex-gratia payment, on

merits and in accordance with law.

6. There is yet another reason which persuades me to

arrive at this conclusion. As stated above, the earlier scheme

for compassionate appointment provided for a bar against

consideration at the instance of dependents of employees

whose service records were blemished. The said bar has been

removed under the new scheme as is evidenced by Clause 15

thereof. This also indicates a more liberal approach by the

bank, which, I should say, is salutary in character. Ext.P2 was

rested solely on the blemished career of the deceased Rachael.

The said infirmity is no longer relevant. It is only appropriate

that the application filed by the father for the Ex-gratia

payment on account of the premature death of his daughter be

benevolently considered by the bank.

W.P.(C).No.11502 of 2008

:: 6 ::

In the result, the writ petition is allowed in part.

Ext.P8 is quashed. The 1st respondent is directed to take a

fresh decision on Ext.P5 in accordance with Ext.P4 scheme,

within two months from the date of receipt of a copy of this

judgment.

Sd/-

(V.GIRI)
JUDGE
sk/

//true copy//