Akash Kumar v. The Punjab National Bank

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15218 of 2025 ====================================================== Akash Kumar Son of Late Anil Kumar, Resident of Mohalla New MIG 54 Housing Colony Chandwa, P.O. Chandwa, P.S. Arrah Nawada, DistrictBhojpur. ... ... Petitioner/s

Versus

1.

The Punjab National Bank through its Chairman Bhikaji Cama Palace, New Delhi 110066.

2.

The General Manager, Punjab National Bank, Personal Administration Division, Headquarter, Bhikaji Cama Palace, New Delhi. 3.

The Managing Director, Punjab National Bank, Bhikaji Cama Palace, New Delhi.

4.

The Chief Banking Officer, Head Officer, Punjab National Bank, (PNB Corporate Officer) Plot No.4, 205 Delhi Road, Sector 10 Dwarika, New Delhi 110075.

5.

The General Manager, Zonal Officer Punjab National Bank, R-Block, Second Floor, near Chanakya Hotel, Veerchand Patel Path, Patna (Bihar) 800001.

6.

The Regional Manager, Regional Officer Punjab National Bank, Arrah, At Hotel The Regal East Ramna Road, Arrah 802301 7.

The Branch Manager, Udwantnagar Branch Officer Punjab National Bank Arrah, P.S. Udwantnagar District Bhojpur 802210. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheo Nandan Prasad, Advocate For the Respondent/s :

Mr. Mritunjay Kumar, Advocate Mr. Ram Ganesh, Advocate Ms. Shilpi Singh, Advocate Ms. Anjali Sawaranaya, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT Date : 11-11-2025 Heard learned counsel for the parties.

2. The petitioner has filed the instant application praying for a direction to the respondents to appoint the petitioner on compassionate ground on account of the death of

2/4 his father who died in harness on 13.6.2013.

3. The case of the petitioner in brief is that the father of the petitioner having died on 13.6.2013 while working on the post of peon-cum-daftary in the Udwantnagar Branch of the Punjab National Bank in district Bhojpur at Arrah, the petitioner being minor at the relevant time could not file an application for appointment on compassionate ground. Having completed his graduation and having become a major, the petitioner filed an application for appointment on compassionate ground. Not having received any response thereto, the mother of the petitioner got a lawyer's notice sent on 25.6.2020. The petitioner not having received any positive response from the Bank, he has filed the instant application for a direction to the respondent Bank to appoint him on compassionate ground.

4. The application is opposed by learned counsel appearing for the Bank. It is submitted that the father of the petitioner who was employed with the Bank having died on 13.6.2013, all the admissible benefits payable to the family were paid including the amount of provident fund to the tune of Rs.98,540.63/- and gratuity to the tune of Rs.78,788.00/- after adjusting the outstanding loans. It is further submitted that the appointment on compassionate ground in the Bank is enforced

3/4 as per the HRD Division Circular no. 433 dated 3.11.2007, a copy of which is brought on record as Annexure-R/2 to the application. The family members of the deceased employee including the petitioner herein not qualifying for appointment on compassionate ground, as per the relevant clause 2.3 of the said circular, the ex-gratia amount of Rs. 6 Lakhs was paid to the petitioner on 11.10.2013 in Account no. 3352000100113432 of his mother. It is thus submitted that the petitioner is not entitled for appointment on compassionate ground, there is no merit in the instant application and the same be dismissed.

5. Heard learned counsel for the parties and perused the materials on record.

6. The undisputed facts in the instant case are that the father of the petitioner who was employed with the Punjab National Bank died in harness on 13.6.2013. It is also not in dispute that as per the aforesaid scheme relating to compassionate appointment vide HRD Division Circular no. 433 dated 3.11.2007, the ex-gratia amount of Rs. 6 Lakhs has been paid in the account of the mother of the petitioner and the same has been accepted. None of these facts have been denied. It also transpires that the petitioner is not entitled for appointment on compassionate ground in terms of clause 2.1 and 2.2 of the said

4/4 scheme.

7. It may further be observed here that in the writ application the petitioner has not brought on record any application filed by him for appointment on compassionate ground. On being confronted, learned counsel refers to the legal notice sent by an Advocate to the Bank asking the Bank for appointment on compassionate ground.

8. Further the petitioner having received through his mother the ex-gratia amount of Rs. 6 Lakhs is no longer entitled for consideration on compassionate ground.

9. In view of the facts and circumstances of the case, in the opinion of the Court, the petitioner has not made out any case for direction by this Court for his appointment on compassionate ground.

10. The Court finds no merit in the instant application and the same is dismissed.

(Partha Sarthy, J) sauravkrsinha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.11.2025 Transmission Date NA