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Calcutta High CourtWPA/18907/2017disposed

Nilmoni Mahali & ANR v. Allahabad Bank & ORS

2022-11-23Hon'Ble Justice Lapita Banerji3 pages

Court No. 21 G.S.Da s 23.11.2022 WPA 18907 of 2017 [ Nilmoni Mahali &Anr.

-VsAllahabad Bank & Ors.

Mr. Rabiul Islam Ms. Nafisa Begum ... for the petitioners The petitioners pray for appointment on compassionate ground since the husband of the petitioner no.1 and the father of the petitioner no.2 died in harness while discharging his duties as an employee of erstwhile Allahabad Bank, which has now merged with the Indian Bank.

The deceased employee died in harness on December 10, 2013 and an application for appointment on compassionate ground was made on November 27, 2014 i.e., within one year of the date of death of the deceased employee.

Thereafter, several representations were made by the petitioners. The petitioner no.1 made a representation on December 1, 2014, February 24, 2016 and March 20, 2017. Despite such representations, the same were not considered by the authorities concerned.

Therefore, the petitioners had no option but to file an application under Article 226 of the Constitution of India.

Despite service no one appears on behalf of the Respondent Bank.

Affidavit-of-service filed in Court today is retained with the records.

Mr. Islam, Learned Counsel, appearing on behalf of the petitioners, pray for leave to make necessary correction in the cause-title and the body of the writ petition to make Indian Bank a Party. Leave, as prayed for by Mr. Islam, is granted. The General Manager, erstwhile Allahabad Bank/the Indian Bank is directed to consider the aforesaid representations of the petitioners within four weeks from date upon giving a personal hearing to the petitioner no.2. The same shall be disposed of by way of a reasoned order. The reasoned order be communicated to the petitioners within two weeks of passing thereof.

Since no affidavits have been invited in the writ petition, the allegations contained in the writ petition are deemed not to have been admitted by the parties. With the aforesaid directions, WPA 18907 of 2017 is disposed of.

All parties to act on a server copy of this order duly obtained from the official website of the Hon'ble High

Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Lapita Banerji, J.)