Lal Muni Devi v. The Central Bank Of India And Or
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9375 of 2012 ====================================================== Lal Muni Devi W/O Late Rajkumar Gond Resident Of Mohalla-Anta Ghat, Panchmukhi Hanuman Mandir, J.C. Road, P.S. Pirbahor, District-Patna ... Petitioner
Versus
1. THE CENTRAL BANK OF INDIA THROUGH THE GENERAL MANAGER, CENTRAL OFFICE, 16TH FLOOR, CHANDRAMUKHI NARIMAN POINT, MUMBAI
2. THE DEPUTY GENERAL MANAGER, CENTRAL BANK OF INDIA CENTRAL OFFICE, 16TH FLOOR, CHANDRAMUKHI NARIMAN POINT, MUMBAI
3. THE REGIONAL MANAGER, CENTRAL BANK OF INDIA REGIONAL OFFICE, B. BLOCK MAURYA LOK, PATNA
4. THE BRANCH MANAGER, CENTRAL BANK OF INDIA, KADAM KUWAN BRANCH, PATNA ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr. Sanjay Kumar Mishra, Adv.
For the Respondents :
Mr. Ajay Kumar Sinha, Adv.
====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing for the respondent-Central Bank of India.
Petitioner, in the aforesaid writ application, seeks a direction for her appointment on compassionate ground or an ex-gratia amount in lieu of compassionate appointment as her husband, Raj Kumar Gond, an employee of the respondent-Bank and was posted as Peon at Kadam Kuan Branch, Patna, of the respondent-Bank, died on 08.12.2005. Petitioner had filed an application for compassionate appointment being wife of the deceased employee on 10.01.2006 and, thereafter, the Bank informed her that with effect from 14.12.2005 the scheme for
Patna High Court CWJC No.9375 of 2012(8) dt.13-08-2018 2/3 compassionate appointment in the Bank has stopped. The payment of ex-gratia lump sum amount in lieu of compassionate appointment was also considered by the Bank and vide order, dated 24.07.2009, it was found by the Recruitment Promotion Department that since gross salary income of the grieved family is more than 60% of the gross salary of the deceased employee, hence, ex-gratia amount is also not payable.
Learned counsel for the Bank has produced the file, which relates to computation whether ex-gratia amount is payable or not. From the detailed calculation done on 27.06.2009, it appears that gross salary of the deceased employee, Raj Kumar Gond, was Rs.7,682/- and after computation it has been found that the total monthly income of the family is Rs.6,499/-. The gross salary, which is 60%, comes to Rs.4,609/- and since the monthly income of the family, including family pension, is more than 60%, hence, by order, dated 24.07.2009, i.e., Annexure 4, the petitioner has been informed that ex-gratia amount is also not payable to her. Husband of the petitioner died on 08.12.2005. Application for compassionate appointment was filed on 10.01.2006 when the scheme for compassionate appointment was done away by the Bank with effect from 14.12.2005. The ex-gratia amount is also
Patna High Court CWJC No.9375 of 2012(8) dt.13-08-2018 3/3 found not to be payable to the petitioner which has been informed to the petitioner way back on 24.07.2009. The counsel for the Bank informs that the petitioner is getting monthly pension.
Considering the facts and circumstances, this writ application is devoid of merit. It is, accordingly, dismissed. (Nilu Agrawal, J) Shamshad/- U