Vimal Kumar v. State Bank Of India And ORS.

CWP No.21966 of 2015 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Civil Writ Petition No. 21966 of 2015(O&M) Date of Decision: October 14 , 2015.

Vimal Kumar ...... PETITIONER (s)

Versus

State Bank of India and others ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Petitioner-in-person.

*****

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

This writ petition has been filed for setting aside order dated 07.02.2014 (Annexure P5) as well as policy dated 04.08.2005 (Annexure P11) of the respondent-Bank. Prayer is for appointment of the petitioner on compassionate grounds on account of death of his father on 04.11.1998. While going through the pleadings, it emerges that petitioner had earlier filed Civil Writ Petition No.6996 of 2014 for exactly the same relief. This Court on 13.10.2014 (Annexure P9) rejected the petitioner's claim for appointment on compassionate grounds. It has specifically been held as under:- "

But at this point in time, no direction can be issued for considering the case of the petitioner for such appointment as by OMKAR SINGH 2015.11.03 11:44 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.21966 of 2015 [2] now almost 16 years have elapsed since the unfortunate demise of his father. Compassionate appointments are provided to the dependents of the deceased government employees dying in harness, so as to enable the family to tide over the sudden crisis that arises due to the death of the bread earner. With the passage of time, the very purpose of compassionate appointment is forfeited and hence at this late stage, no direction can be issued for the appointment of the petitioner on compassionate ground." Liberty was however afforded to the petitioner to submit his claim for ex-gratia financial assistance under the 2005 scheme and the respondents were directed to consider and dispose of the same within a period of two months. Review application filed by the petitioner was dismissed on 27.03.2015 (Annexure P13). COCP No.

1926 of 2013 filed for alleged disobedience of order dated 17.09.2009 was dismissed as not maintainable. Petitioner submits that certain documents and factors were not considered by this Court at the time of decision of CWP No.6996 of 2014. He seeks to reopen the proceedings by way of instant writ petition which is not permissible. Present writ petition is clearly misconceived and is not maintainable in view of the decision dated 13.10.2014 in CWP No.6996 of 2014.

Present writ petition is accordingly dismissed. ( LISA GILL ) October 14 , 2015.

JUDGE 'om'

OMKAR SINGH 2015.11.03 11:44 I attest to the accuracy and authenticity of this document Chandigarh