Patna High CourtCWJC/18672/2008disposed

Chandra Wati Devi And ANR v. The Union Of India And ORS

2015-07-28Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18672 of 2008 ======================================================

1. Chandra Wati Devi, W/o late Vijay Bahadur Singh

2. Pradyuman Kumar Singh, son of late Vijay Bahadur Singh Both are resident of village + P.O. Belour, P.S. Guthani, District Siwan .... .... Petitioners

Versus

1. The Union of India through the Secretary, Ministry of Finance, India, New Delhi

2. The Zonal Manager, Punjab National Bank, Patna

3. The Regional Manager, Punjab National Bank, Gaya Region, Gaya .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhakar Singh @ Anil For the Respondent/s : Mr. Sudhir Singh(Asst.Sg) Mr. Sunil Kumar Singh I Mr. P.L.Jaiswal (Cgc) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 28-07-2015 Heard learned counsel for the parties.

While this Court will have no difficulty in holding that the appointment of petitioner no.2 on account of changed policy decision of compassionate appointment was not possible but then there was no reason for the respondents not to pay the amount of ex-gratia which was only in lieu of the compassionate appointment.

Having regard to the admitted position that the death of the husband of petitioner no.1 had taken place on 14.12.2002, the amount of ex-gratia payable to the petitioner should be calculated and the interest on the same at the rate of 9% per annum should be paid from the date the petitioner no.1 had filed her application i.e.

Patna High Court CWJC No.18672 of 2008 (3) dt.28-07-2015 25.4.2010 as is also admitted in the counter affidavit. Such payment of ex-gratia amount to the petitioner must be paid within a period of one month from the date of receipt of this order, failing which the rate of interest from 9% shall be enhanced to 15% per annum.

With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) surendra/- U