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2006 DIGILAW 1006 (KAR)

RAJASHEKARA KAKUNJE v. STATE BANK OF MYSORE

2006-12-04

N.K.PATIL

body2006
N. K. PATIL, J. ( 1 ) PETITIONER being aggrieved by the impugned communication dated 11th October 2001 issued by third respondent vide Annexure F, has presented the instant writ petition. Further, petitioner has sought for a declaration, declaring the same as unjust, arbitrary discriminatory and contrary to law laid down by the Hon'ble Supreme Court in the case of Balbir Kaur and Anr. v. Steel authority of India 2000 SCC (L and S) page 767 Petitioner has also sought for a direction, directing the respondents to reconsider the case of the petitioner for appointment as 'clerk' on compassionate grounds. ( 2 ) THE grievance of the petitioner in the instant writ petition is that, petitioner is the legally wedded husband of late Smt. B. Devaki, who was working as Clerk in the Udupi Branch of the respondents - State Bank of Mysore (hereinafter referred to as "bank" ). While she was in service of respondents - Bank, she died on 1st April 1999 leaving behind the petitioner as the only legal heir. The respondents - Bank have settled the terminal benefits payable to her account in favour of petitioner. The further case of petitioner is that, he is not employed in any organisation and he has no other source of income and that, he has passed S. S. L. C. Examination. When things stood thus, petitioner came to now that, the respondents - Bank have introduced a Scheme for providing compassionate appointment in respect of the deceased family to tide over the financial burden. Accordingly, he has filed the application before the respondents - Bank to appoint him under the said Scheme introduced by respondents -Bank for providing compassionate appointment to enable him to tide over the financial crises due to the death of bread winner. The said application was considered by the Committee constituted under the said Scheme and thereafter, they have sent a recommendation, recommending the case of petitioner stating that, he may be posted to the Hally, Mysore Branch, as there exists acute shortage of clerical hands vide their communication dated 4th September 1999 vide Annexure C. The petitioner has been interviewed by the Committee consisting of three members. The respondents - Bank, instead of considering the said recommendation dated 4th September 1999 issued by the respondents 'personnel Department, Zonal Office, Mysore to the respondents' Deputy General Manager, personnel and HRD Department, Head Office, Bangalore, the Assistant General Manager of personnel and HRD has sent a Note to the Deputy General Manager, Mysore Zone dated 11th september 2001 vide Annexure E, stating that, 'on a perusal of the details of assets and liabilities of the family of the above deceased, we do not find a destitute condition in the family". The manager of the respondents Bank at Udupi Branch, in trun, has issued the impugned communication dated 11th October 2001 vide Annexure F stating that, the said branch Office is informed by their Head Office that the application of the petitioner for appointment on compassionate grounds cannot be considered since the Bank does not find a destitute condition in his family and has expressed their inability to consider the request of petitioner for appointment in the respondents - Bank on compassionate grounds. Being aggrieved by the impugned communication dated 11th October 2001 vide Annexure F, petitioner felt necessitated to present the instant writ petition seeking appropriate relief as stated supra. ( 3 ) I have heard Learned Counsel appearing for petitioner and Learned Counsel appearing for respondents-Bank. ( 4 ) AFTER careful evaluation of the entire material available on file including the statement of objections filed by respondents - Bank, it emerges that, petitioner had filed an application for appointment on compassionate grounds under the Scheme introduced by the respondents - Bank. In pursuance of the application filed by him, he has been called upon by the Committee for appointment on compassionate grounds and has been interviewed. The said Committee has opined that, he is fit to be appointed in the clerical cadre and that, he may be posted to Hally, mysore Branch of their Bank. Accordingly, the said report has been forwarded on 4th September 1999 to the Deputy General Manager, Personnel and HRD Department, Head Office, Bangalore, recommending that, petitioner may be posted to Hally Mysore Branch as there exists acute shortage of clerical hands. Instead of considering the said report sent by the Committee constituted for Appointment on Compassionate Grounds, headed by Chief Manager Personnel department, Zonal Office, Mysore, and two other members, viz. Instead of considering the said report sent by the Committee constituted for Appointment on Compassionate Grounds, headed by Chief Manager Personnel department, Zonal Office, Mysore, and two other members, viz. Branch Manager, kuvempunagar, Mysore and Assistant General Manager, Region-1 Zonal Office, Mysore, the assistant General Manager (Personnel and HRD) of the respondents - Bank, has issued the impugned communication vide Annexure-E and the Manager of the respondents - Bank at Udupi branch has in turn issued the impugned communication vide Annexure-F, stating that, they do not find a destitute condition in the family of the petitioner. The said reasoning given by the concerned Officer is contrary to the recommendation made by the Committee constituted for the said purpose and the same is neither acceptable nor sustainable. The manner in which the cadre of Manager has proceeded to issue the impugned communication contrary to the recommendations made by the Committee constituted for the said purpose and headed by Chief manager and two others, cannot be appreciated and the same does not inspire any confidence in this Court. Therefore I am of the considered view that, at any stretch of imagination, the impugned communication cannot be sustained. Moreover, the said communication does not contain any reference and no finding or reasoning as such has been given regarding the said decision taken by them. Therefore, the impugned communication is liable to vitiate. Accordingly, it is set aside. ( 5 ) FOR the foregoing reasons, the writ petition filed by petitioner is partly allowed. The impugned communication dated 11th October 2001 issued by the Manager vide Annexure-F is hereby set aside and the matter stands remitted back to the General Manager of the respondents - Bank to reconsider the matter afresh and to take appropriate decision in the light of the recommendation made by the Committee for Appointment on Compassionate Grounds, recommending that, petitioner is fit to be appointed to clerical cadre and on the basis of the communication dated 4th september 1999 vide Annexure-C issued by the Deputy General Manager stating that, petitioner may be posted to their Hally Mysore Branch as there is acute shortage of clerical hands, and dispose of the same, as expeditiously as possible, within a period of eight weeks from the date of receipt of a copy of this order.