Arbind Kumar, v. The Punjab National Bank

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21013 of 2019 ====================================================== Arbind Kumar, Son of Late Dasai Mahto, resident of Village- Paroo, P.S.- Paroo, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The Punjab National Bank through the Zonal Manager Patna. 2.

The Regional Manager Punjab National Bank Muzaffarpur. 3.

The Chief District Manager, Punjab National Bank, Agharia Bazar Chauk Muzaffarpur.

4.

The Branch Manager, Punjab National Bank Branch Baruari, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sabal Kumar Jha, Adv.

For the Respondent/s :

Mr. Kumar Priya Ranjan, Adv.

For the PNB :

Mr. Mritunjay Kumar, Adv.

Mr. Ram Ganesh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 02-07-2025 Heard the parties.

2. The petitioner has invoked the jurisdiction of this Court seeking a direction upon the respondent Bank to consider his case for appointment on compassionate ground, on account of demise of his father, in harness on 16.02.2013, while working as Peon-cum-Daftari.

3. From the materials available on record, especially the Circular dated 03.11.2007, which is placed on record as Annexure-C to the counter affidavit, it appears from Clause 2.1 thereof, that employment on compassionate ground may be considered in clerical/sub staff cadres for a dependent of a

Patna High Court CWJC No.21013 of 2019(3) dt.02-07-2025 2/3 deceased employee, who died in harness only under the circumstances specified below:- "a. Where an employee dies while performing his official duty, as a result of violence, terrorism, robbery or dacoity; or, b. Where an employee dies within 5 years of his 'first appointment' or before he reaches the age of 30 years, whichever is later, leaving behind a dependent spouse and/or minor children."

4. Clause 2.2 of the scheme further contemplates that where a bereaved family is otherwise eligible to apply for consideration under the scheme for seeking employment on compassionate ground as per Clause 2.1 above, all the discretion of the Bank, the application of a dependent child of a deceased employee may be considered by the Bank for the purpose within four years of the death of the employee.

5. Mr. Mritunjay Kumar, learned Advocate for the Bank taking this Court through the averments made in the writ petition has contended that it is the admitted position that the father of the petitioner died in harness on 16.02.2013, however the petitioner filed the application for compassionate appointment on 17.02.2019. Moreover, the case of the petitioner does not fall under Clause 2.1 and, as such, in any view of the matter, the petitioner is not entitled to get the benefit of appointment on compassionate ground.

Patna High Court CWJC No.21013 of 2019(3) dt.02-07-2025 3/3

6. In view of the submissions set forth and the scheme/circular issued by the Punjab National Bank, this Court does not find any merit in the writ petition. Accordingly, the same stands dismissed.

(Harish Kumar, J) shivank/- U