Patna High Court - Orders
The State Bank Of India & Ors vs Bimal Baitha on 1 December, 2011
Author: Shiva Kirti Singh
Bench: Shiva Kirti Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.651 of 2010
In
(CIVIL WRIT JURISDICTION CASE 803/2010)
1. The State Bank Of India Through The Asst. General Manager
Muzaffarpur At Present The Asst. General Manager State Bank Of
India Adinistrative Office, Muzaffarpur
2. The General Manager , Circle Office, State Bank Of India,
Muzaffarpur , In Fact, The Designation Is The General Manager
State Bank Of India, Local Head Office, Patna Circle , West Of
Gandhi Maidan, P.S.Gandhi Maidan In The Town & Distt -Patna
3. The Asst. General Manager , Circle(2) State Bank Of India, Circle
Office, Muzaffarpur
4. The Branch Manager State Bank Of India, Dhaka Branch, Dhaka,
Distt-East Champaran ..
Appellants.
Versus
Bimal Baitha S/O Late Bindeshwari Baitha R/O Vill Chand Mohan
Bade, P.S.Kundure Chainpur, Distt-East Champaran(Motihari)
....Respondent.
For the Appellants : Mr.Kaushlendra Kumar Sinha, Adv.
Mr.Anjani Kumar Mishra, Adv.
For the Respondents : Mr. Rajendra Prasad Singh, Sr. Adv.
M/s. Onkar Kumar & Rama Kant Singh, Advs.
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4. 1.12.2011Heard learned counsel for the appellants and the learned counsel for the sole respondent/writ-petitioner.
By the order under appeal dated 23rd February 2010 the learned single Judge has allowed the writ petition bearing C.W.J.C.No. 803 of 2010 and directed the State Bank to consider the case of the writ petitioner for appointment on compassionate ground in the light of Scheme which was vogue on the date of death of his father, i.e., 3rd August 2011.
2On going through the present Scheme which came into force with effect from 4th August 2005 and the judgment of the Apex Court in the case of State Bank of India & another vs. Raj Kumar, reported in 2010(2) BBCJ IV- 353, there can be no doubt that the new scheme not only replaced the erstwhile scheme for compassionate appointment but also provided in Paragraph-14 that applications pending from before will be dealt with in accordance with the new scheme for payment of ex gratia lump sum amount, provided the terms and conditions of the scheme are fulfilled. The Apex Court has clarified that all the pending applications will be considered only in terms of new scheme which alone shall apply because compassionate appointment is a concession and not a right. In that view of the matter, we have no option but to set aside the order of the writ Court and dismiss the writ petition. The appeal is allowed to that extent.
Since the application of the writ-petitioner for compassionate appointment was pending from before the introduction of new scheme on 4th August 2005 it had to be dealt with in terms of paragraph/clause 14 of the new scheme. That has not been done as yet. Learned counsel for 3 the appellant Bank submits that some forms are required to be filled up which are annexure to the scheme and a request for payment of ex gratia lump sum on compassionate ground has to be made to the Chief General Manager, State Bank of India through the concerned Branch Office. He referred to Paragraph/clause 11 of the scheme which provides time limit for submitting application for ex gratia relief. Six months from the date of death of the employee is indicated as the time limit in case of death. In our considered view, the said time limit even if it is extended, will cover only new cases or claims and not the applications pending from before for compassionate appointment. According to Clause-14, such applications pending from before will be dealt with in accordance with new scheme for payment of ex gratia lump sum provided the terms and conditions are fulfilled. That has not yet been done. The lump sum ex gratia payment should have been made available, if it was payable under the scheme, long back. In the facts and circumstances of the case, the Bank is granted time to deal with the pending application for compassionate appointment by treating the same application under the new scheme for payment of ex gratia lump sum as per Clause-14 4 of the new scheme. If any additional information which is not available with the Bank will be required from the writ petitioner, the same shall be obtained from him when he appears with a copy of this order within 4 weeks from to- day. It is made clear that if the terms and conditions for payment of ex gratia lump sum amount are met in the case of the petitioner, the due amount must be paid within 8 weeks from to-day. Failure to pay the due amount within time to the writ petitioner or to other family members in accordance with scheme will incur liability of interest @ 10 per cent per annum for further period of delay after the period of 8 weeks. This will be besides any interest payable by the Bank in terms of its own scheme/policy.
The appeal is disposed of accordingly.
( Shiva Kirti Singh,J)
Jay/ (Shivaji Pandey, J)