Madras High CourtWP(MD)/16844/2019disposed of

M.Subash Milton v. The Chairman And Managing Director

2022-02-07Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD) No.16844 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.16844 of 2019 M.Subash Milton ... Petitioner vs.

1.The Chairman and Managing Director Indian Overseas Bank Central Office, Post Box No.3765 763, Anna Salai, Chennai 2.The Deputy General Manager Human Resources Management Department Indian Overseas Bank Central Office, Post Box No.3765 763, Anna Salai, Chennai ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus calling for the records relating to the impugned order of the second respondent in Ref:HRMD/178/C1/10/2019-20, dated 04.07.2019 and quash the same and consequently direct the respondents to provide the petitioner an employment on compassionate ground.

For Petitioner :

Mr.P.P.Alwin Balan For Respondents :

Mr.N.Dilip Kumar

O R D E R

The impugned order dated 04.07.2019, passed by the respondent - Bank states that the family of the petitioner is eligible only for ex gratia payment as they are not falling under the scheme of compassionate appointment.

2. The father of the petitioner Late.M.V.Mariyadasan was employed as Sweeper in the respondent - Bank and died on 27.10.2006 while he was in service. The mother of the petitioner initially submitted an application seeking compassionate appointment. Since during the relevant point of time no scheme for compassionate appointment was in force asfar as the respondent - Bank is concerned, they suggested the the petitioner to submit application for ex gratia payment as she is eligible only for ex gratia not for compassionate appointment. However, the petitioner submitted application in the year 2013. Even then, the petitioner is not eligible for compassionate appointment as the scheme for compassionate appointment was introduced in the respondent - Bank https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.16844 of 2019 only in the year 2015 and it cannot be implemented with retrospective effect. This apart, during the relevant point of time, the scheme for payment of ex gratia was in force and therefore, the petitioner is eligible only for ex gratia payment as suggested by the respondent - Bank in the impugned order. This Court does not find any error or infirmity in the impugned order passed by the respondent Bank.

3. Accordingly, the petitioner is directed to submit application to the respondent - Bank for ex gratia payment forthwith and on submission of application by the petitioner, the respondents are directed to consider the petitioner's case in accordance with his eligibility as well as the scheme for ex gratia payment and pass appropriate orders as expeditiously as possible.

4. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CRL) // True Copy // / /2022 Sub Assistant Registrar(CS) Krk +1 CC to M/s.P.P.ALWIN BALAN, Advocate ( SR-5116[F] dated 09/02/2022 ) +1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-4862[F] dated 08/02/2022 ) W.P.(MD) No.16844 of 2019 07.02.2022 SVS(CO) KB(15.02.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2