Allahabad High Court
Sharad Chandra Singh vs State Bank Of India Through Chairman And ... on 10 April, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:20274 Court No. - 28 Case :- WRIT - A No. - 7452 of 2005 Petitioner :- Sharad Chandra Singh Respondent :- State Bank Of India Through Chairman And 2 Others Counsel for Petitioner :- Satish Sharma,A.K.S.Raj,Angrej Nath Shukla Counsel for Respondent :- N.K.Seth,Anurag Srivastava Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the record.
2. By means of this writ petition, the petitioner has prayed the following reliefs:
"(A) A writ, order or direction in the nature of certiorari, quashing the impugned order dated 17.08.2005 contained in Annexure No.-1 to the writ petition.
(B) A writ, order or direction in the nature of mandamus commanding the opposite parties to consider the case of the petitioner for appointment on compassionate ground sympathetically and to give him appointment accordingly."
4. This Court on 21.01.2020 has passed the following order:
"At the very outset Sri Anurag Srivastava, who appears for the Bank in the present writ petition, submitted that in similar circumstances the Hon'ble Apex Court has passed the following order dated 29.11.2019 in Civil Appeal No.9114 of 2019 (State Bank of India Vs. Shailendra Kumar Singh). The order dated 29.11.2019 reads as under:-
"Leave granted.
Notice was issued to the respondent in this appeal to verify as to whether certain ex-gratia amount can be paid to the respondent or not. It is admitted by the bank that there is a scheme available with the Bank to pay ex-gratia amount in the matters of the nature on hand.
This Court, having found that 19 years had already elapsed after the death of the father of the respondent, issued notice to verify about the payment of ex-gratia amount as per the scheme of the Bank.
It is fairly submitted by learned counsel for the appellant-bank that as per the scheme, the respondent is entitled to Rs. 7,00,000/- approximately. The said submission is recorded. We do not find any ground to order against the appellant to provide compassionate appointment in favour of the respondent at this point of time, i.e., after 20 years of the demise of the father of the respondent.
Interest of justice would be met in case the respondent is paid ex-gratia amount under the scheme. Hence, the appellant-bank is directed to pay ex-gratia amount as per the scheme, which may be around Rs.7,00,000/- (Rupees seven lac only) within a period of six weeks after completion of formalities by the respondent. Ordered accordingly. The respondent is directed to immediately approach the Bank to complete the formalities. In case, the ex-gratia amount is not paid as directed supra, the same shall carry an interest @ 9% per annum.
The impugned order is set aside. The appeal is, accordingly disposed of. There shall be no order as to costs."
The learned counsel for the Bank is directed to seek instruction in the matter with regard to payment of ex-gratia amount to the petitioner within a week.
Sri Angrej Nath Shukla, learned counsel for the petitioner also prays for and is granted a weeks' time to seek instruction from his client.
List immediately after one week."
5. Shri Anurag Srivastava, learned counsel for the respondents has stated that he has instructions that the Bank is ready to consider the case of the petitioner in light of the order dated 29.11.2019 passed by Hon'ble Supreme Court in State Bank of India & Ors versus Shailendra Kumar Singh; Civil Appeal No.9114 of 2019.
6. ShriAngrej Nath Shukla, learned counsel for the petitioner has no objection if the case of the petitioner is considered in light of the case of Shailendra Kumar Singh (supra).
7. In view of above, the writ petition is disposed of finally with direction to the appropriate authority/Bank to consider the case of the petitioner and take appropriate decision thereon in light of the observations made herein-above specifically in light of the judgement of the Hon'ble Supreme Court inShailendra Kumar Singh (supra) as agreed by both the parties within a period of six weeks from the date of production of a certified copy of this order.
(Brij Raj Singh,J.) Order Date :- 10.4.2025 Anupam S/-