Rajasthan High Court - Jaipur
Anuradha Sharma vs Raj Gramin Bank And Anr on 24 August, 2011
Author: Ajay Rastogi
Bench: Ajay Rastogi
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR *** S.B.CIVIL WRIT PETITION NO.7567/2008. Anuradha Sharma Vs. Rajasthan Gramin Bank & anr. DATE OF ORDER : 24/08/2011 HON'BLE MR. JUSTICE AJAY RASTOGI *** Mr.Vinod Goyal, for petitioner. Mr.Ajay Gupta, for respondents
Instant petition has been filed by the widow assailing action of respondent-Bank denying claim under the Scheme For Payment Of Ex-Gratia (Lump-Sum Amount) To The Families Of those Employees Who Die in Harness.
The petitioner's husband was member of Class IV and while in service of the respondent-Bank died on 22/07/2006 in harness after rendering more than 20 years of service. Being widow of the deceased, application was submitted by her seeking compassionate appointment but before her matter could come up for consideration, the respondent-Bank vide its Circular No.18/2006 introduced a Scheme For Payment Of Ex-Gratia (Lump-Sum Amount) to The Families Of those Employees Who Die in Harness and the scheme came into force w.e.f. 30/08/2006. The respondent Bank considered her application under the Scheme, referred to supra and arrived at a conclusion that since the monthly income of the deceased employee under the scheme including the family pension and the interest on the maximum term deposit rate @ 8.75% at the relevant time admissible over the terminal benefits which were actually paid to the petitioner was more than 60% of the last gross salary drawn by deceased, her case was not covered for grant of Ex-Gratia payment as claimed under the Scheme and accordingly the petitioner was informed that her application has been rejected vide Anx.4 dt. 27/06/2008.
It will be relevant to record that the family pension, which was paid to the petitioner, was Rs.3076/- and against the terminal benefits, a sum of Rs.3,35,752/- was paid and as per the Bank's maximum term deposit rate, which was at that time was 8.75% and on the aforesaid amount of terminal benefits it came to Rs. 2448/- and thus, if the interest and family pension is computed, the total income of the family of the deceased employee came to Rs. 5,524/- which exceeded 60% of the last gross salary drawn of the deceased employee which has been specifically averred by the respondents in Para No. 4 of their reply and this fact has not been controverted by the petitioner even in the rejoinder.
The main thrust of submission of counsel is that the interest yielded over the terminal benefits, in no manner could be considered to be an income of the family from other sources of the deceased employee and that is the primary error committed by the respondents in considering the application filed by the petitioner relating to the total income of the family of the deceased employee exceeding 60% of the last pay drawn by the deceased employee and this action of the respondents is wholly arbitrary and is not in conformity with Scheme and that requires interference by this Court.
The extract of the Scheme, which is relevant for the present purpose, is being reproduced here ad-infra:-
If the total monthly income of the family arrived at in terms of Para 8(A) above is less than 60% of the last drawn gross salary (net of taxes) of the employee, ex-gratia amount as under will be payable:-
i) In case the monthly income of the family as calculated above is less than 60% of the last drawn gross salary (net of taxes) of the employee, an ex-gratia amount calculated @ 60% of the last drawn gross salary (net of taxes) each month of remaining service of the employee (i.e. upto the age of superannuation in terms of extant service rules/conditions) at the time of his death/incapacitation subject to the cadre-wise ceiling of Maximum amount mentioned under para (ii) below will be payable.
ii) Employees dying while performing official duty within or outside the office premises (excluding travel from resident to place of work and back) due to dacoity/robbery/terrorist attack.
(iv)Employee seeking premature retirement due to incapacitation before teaching the age of 55 years.
6.COMPETENT AUTHORITY- CHAIRMAN TO SANCTION EX-GRAIA
7.LODGING OF CLAIM - The ex-gratia amount will be paid to the family of the employees if eligible and if requested for within six months from the death of the employee.
8.PROCEDURE FOR - Ex-gratia may be CALCULATION OF granted to the EX-GRATIA AMOUNT family of the ceilings specified below, if the monthly income of the family from all sources is less than 60% of the last drawn salary (net of taxes) of the employee. (A) CALCULATION OF MONTHLY INCOME (1) Terminal Benefits i) Provident fund ii) Gratuity iii)Leave Encashment iv) Any other amount paid under Bank's Schemes _____________ Sub Total (A) _____________ (2) Liabilities Loans taken from bank and/or other financial institutions with the approval of the Bank's _____________ Sub Total (B) _____________ (4) Investments -Deposits -NSCs. -PPF -LIC Policies -Others _____________ Sub Total (D) _____________ (5) Details of movable property, if any, held and monthly income derived therefrom. (6) Details of immovable property, if any, held and monthly income therefrom. (7) Monthly income of the family from all sources i) Monthly interest at the Banks maximum term deposit rate on their net corpus of terminal benefits (C) ii) Monthly income from investments iii)Monthly income from movable and immovable property. iv) Monthly income of dependent family members v) Any other monthly income ____________ Total monthly income of the family____________
The extract of the scheme quoted, discloses that if the monthly income of the family from all resources, is less than 60% of the last drawn gross salary (net of taxes) of the deceased employee, that makes family of the deceased entitled for an Ex-Gratia payment under the Scheme in question and that includes the monthly interest accrued on term deposit of the terminal benefits. It will be relevant to record that the scheme, as such, has not been questioned by the petitioner, in absence whereof, this Court has to proceed on the basis as to whether the decision of the respondent-Bank is in conformity with the Scheme or not.
` The submission made is of no substance for the reason that if the monthly income of the family from all resources, exceeded 60% of the last drawn gross salary (net of taxes) of the deceased employee, that certainly, in the opinion of this Court, dis-entitles the petitioner from claiming payment of Ex-Gratia under the Scheme for Payment of Ex-Gratia (Lump-Sum Amount) to the Families of Those Employees who Die in Harness and this Court does not find any error being committed by the respondent-Bank in rejecting the application of the petitioner for grant of Ex-Gratia payment under the Scheme in question.
Consequently, the writ petition stands dismissed.
[AJAY RASTOGI], J.
Raghu/p.6/7567-CW-2008-Final.do