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High Court Of ChhattisgarhWP/5248/2006disposed off

Tikam Rao Ghonmode v. State Bank Of India And ORS.

2015-09-04Hon'Ble Shri Justice P. Sam Koshy3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5248 of 2006 Tikamrao Ghonmode, aged about 21 years, S/o late M.D. Ghanshyam, R/o Plot No. 76, Anand Nagar, Bhilai, District Durg (CG). ---- Petitioner

Versus

1. State Bank of India, Personal and HRD Department, Local Head Office, Bhopal (MP).

2. Assistant General Manager, State Bank of India, Region, III, Zonal Office, Raipur, District Raipur (CG).

3. Chief Manager, State Bank of India, Bhilai, III, District Durg (CG). ---- Respondents For Petitioner :

Shri Vishnu Kosta, Advocate.

For Respondents :

Shri Rajendra Tripathi, Advocate.

Hon'ble Shri Justice P.Sam Koshy Order On Board 04/09/2015 1.

The Petitioner is challenging non grant of compassionate appointment on account of death of his father who died in harness while working under the employment of Respondents-Bank.

2.

The brief facts necessary for disposal of this petition is that, the father of Petitioner while working with the Respondents-Bank died in harness on 23.10.2003.

3.

Learned counsel appearing for the Petitioner submits that claim of the Petitioner initially was rejected by the Respondents on 07.02.2005

(Annexure P/5), but subsequently the Respondents, in their meeting between the Respondent's establishment and the ST/SC Employee's Welfare Union held on 03.09.2005 reached to the conclusion that case of the Petitioner along with couple of other cases for compassionate appointment shall be reconsidered in accordance with the rules/policy applicable in the Respondents-Bank. Based on which, the Petitioner on 13.12.2005 had moved another representation for reconsidering his case either to grant compassionate appointment or to provide monetary compensation. According to Petitioner, the said representation has not been decided till date by the Respondents-Bank and ends of justice would be served if this petition can be disposed of directing the RespondentsBank to decide the claim of the Petitioner in accordance with minutes of meeting held on 03.09.2005 based upon which the Petitioner has moved representation on 13.12.2005.

4.

Learned counsel for the Respondents-Bank submits that so far as deciding the claim of the Petitioner in accordance the minutes of meeting held on 03.09.2005 is concerned, he does not have any objection. Though, according to him, the claim of the Petitioner already stood rejected on 07.02.2005.

5.

Accordingly, the writ petition is disposed of with a direction to the Respondents-Bank to consider the representation of Petitioner dated 13.12.2005 which was made in the context of meeting held on 03.09.2005 between the management of State Bank of India and ST/SC Employee's Welfare Union.

6.

With the aforesaid observation, the writ petition is disposed of. It is however made clear that this court has not expressed any opinion on the claim of the Petitioner and the Respondents-Bank shall decide the

representation of Petitioner dated 13.12.2005 in accordance with its policy as was applicable at the relevant point of time. 7.

It is expected that considering the fact that death of employee took place in the year, 2003, the Respondents-Bank shall take a final decision as expeditiously as possible preferably within a period of three months from the date of passing of this order. No order as to costs. Sd/- (P.Sam Koshy) JUDGE inder