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Rajasthan High Court · body

2006 DIGILAW 2910 (RAJ)

Kuldeep Kalla v. State of Bank of India

2006-10-17

GOVIND MATHUR

body2006
Honble MATHUR, J.–This petition for writ is preferred calling in question legality of the decision taken by the respondent Bank to decline appointment on compassionate grounds to the petitioner who is only son among three children of deceased bank employee. (2). In brief, facts of the case are that Shri Rajendra Prasad Kalla while serving bank as Senior Assistant died on 13.10.2002, therefore, with consent and approval of his mother and other family members the petitioner preferred an application for appointment to a suitable post in bank on compassionate grounds. The request for appointment by the application aforesaid stood declined by the competent authority on the ground that condition of the family cannot be termed penurious that warrant appointment on compassionate grounds. (3). The widow of late bank employee before coming to this Court by her son submitted a representation to the respondents detailing her socio-economic condition to reiterate the cause for grant of appointment to her son. (3). The widow of late bank employee before coming to this Court by her son submitted a representation to the respondents detailing her socio-economic condition to reiterate the cause for grant of appointment to her son. The representation given by the widow deserves to be noticed, hence is reproduced as under:- ^^vkidk i= Øekad ch ,e 07 fnukad 12-6-2003 izkIr gqvk ,oa ;g tku dj xgjk vk?kkr yxk fd cSad esjs iqk dqynhi dks esjs e`rd ifr Lo- Jh vkj ih dYyk ds nsgkUr mijkUr ekuoh; vk/kkj ij @ vuqdEik ds vk/kkj ij fu;qfDr nsus esa vleFkZ gSA i=kuqlkj cSad esjs ifr ds e`R;q mijkUr feyus okyh isaku ,oa vU; ifjykHkksa dks esjs Hkkoh thou ;kiu gsrq i;kZIr gSa ,slk ekuk x;k gSA bl lanHkZ esa eSa mijksDr fu;qfDr gsrq cSad }kjk ekuoh; vk/kkj dks eqn~nsutj j[krs gq, fuEufyf[kr rF; izLrqr djrh gwa ,oa eqÖks iw.kZ fookl gS fd cSad esjs iqk dks vuqdEik ds vk/kkj ij fu;qfDr iznku dj eqÖk fo/kok Lkh dks vkfFkZd lEcy iznku djsaxsA 1- egksn; th esjs ifr tks fd cSad esa ofj"B lgk;d ds in ij dk;Zjr Fks mudks izfrekg 16]077@& osru feyrk Fkk ftlls esjk ?kj dk [kpZ] cPpksa dh fk{kk ,oa lkekftd nkf;Roksa dk fuokZgu Hkh HkyhHkkafr ugha gks ikrk Fkk ,oa le; le; ij esjs ifr dks cSad ls fofHkUu ;kstukvksa ds vUrxZr _.k Hkh ysuk iM+rk FkkA orZeku esa cSad }kjk eqÖks esjs ifr dh isaku ekk 6113@& ekfld isaku Lohd`r gqbZ gSa tks fd eqÖks dsoy 5 o"kZ rd gh feysxh rRipkr~ eqÖks Qsesyh isaku :- 555 izfrekg gh feysxh orZeku esa ns; mijksDr isku esjs ifr dh vk; dk yxHkx 32 izfrkr gh gSA ,slh ifjfLFkfr esa eqÖks esjs ifjokj dk nSfud Hkj.k iks"k.k djuk Hkh nqHkj gks jgk gS ,oa vius thou Lrj dks crk;s j[kuk vlaHko lk izrhr gks jgk gS rks ikap o"kZ ipkr~ esjh vkfFkZd fLFkfr dk vUnktk yxk;k tk ldrk gSA 2- egksn; th esjs ifr us x`g fuekZ.k gsrq cSad ls :- 7 yk[k 20 gtkj dk _.k Lohd`r djok;k Fkk ijUrq esjs ifr dk vkdfLed nsgkUr gks tkus ds dkj.k x`g fuekZ.k v/kwjk ¼iRFkj Lrj rd½ gh cu ik;k gS ,oa cSad }kjk cdk;k _.k dh jkfk :- 4]04]580@& eqÖks izkIr gksus okys ifjykHkksa esa ls iqu% tek dj x`g _.k [kkrs dks cUn dj fn;k x;kA ,slh fLFkfr esa mijksDr edku ekk <kaps dh fLFkfr esa gS ,oa esjs ikl bruh jkfk ks"k ugha ugha cph gS fd eSa edku dks jgus ;ksX; Hkh cuk ldwaA ifjfLFkfr ok eqÖks fdjk;s ds edku esa jguk iM jgk gS ftldk ekfld fdjk;k :- 2000 nsuk iM jgk gSA viw.kZ edku ds <kaps dh QksVksxzkQ vkidks izsf"kr gSA 3- tSlk fd vkius esjs vkfLFk;ksa vkSj ns;rkvksa dk v/;;u fd;k ftlesa Li"V gS fd cSad us dqy eqÖks 894328@& esjs ifr ds vfUre ykHkksa dk Hkqxrku fd;k vkSj :- 1]19]922 esjs ifr dh cpr jkfk Fkh ftuesa ls cSad us :- 8]83]344 rks edku _.k] dUT;wej _.k] O;fDrxr _.k vkfn cUn djus esa dkV fy;s ftlesa edku dk izkstsDV iwjk ugha gqvk Fkk vkSj :- 78]220@& ,u,ullh@ ,yvkbZlh vkSj vkSoj MkV _.k [kkrksa dks cUn djus esa tek dj fy;sA vfUre ykHk feys cSad }kjk •_.k olwyh 8]94]328@& 8]83]334@& cpr 1]19]922@& 78]220@& dqyt 10]14]250@& 9]61]554@& 4- bl izdkj eqÖks esjs ifr ds vfUre ykHkksa es ls cSad dh leLr nsunkfj;k pqdkus ds ipkr~ ekk :- 52]696@& gh feys tks esjs Lo- ifr ds ckjg fnuksa ds lkekftd [kpksZ esa O;; gks x;sA bl izdkj ls esjs ikl vkt dh rkjh[k esa flok; esjs ifr dh isaku ds vkSj dksbZ vkenuh ugha gSA 5- egksn; th esjs nks iqfk;ka ,oa ,d iqk gS ftuesa ls ,d iqkh dk fookg gks pqdk gS ,oa lkekftd Lrj ij mlds nkf;Roksa dk fuokZgu Hkh esjs mij gSa] esjh ,d yMdh ftldh vk;q 22 o"kZ gS ,oa fk{kk xzg.k dj jgh gS mldh u dsoy fk{kk dk O;; cfYd fudV Hkfo"; esa mlds fookg djus dk vkfFkZd Hkkj Hkh eqÖks ogu djuk gSA esjss iqk us okf.kT; esa Lukrd dh fMxzh blh o"kZ izkIr dh gS rFkk Hkfo"; esa mlds Hkh fookg dk vkfFkZd Hkkj eqÖks gh ogu djuk iMsxkA egksn;th mijksDr rF;ksa dks ns[krs gq, eqÖks ,slk yxrk gS fd ;fn esjs iqk dks vuqdEik ds vk/kkj ij cSad esa fu;qfDr ugha feyh rks orZeku esa izkIr gksus okyh ekfld vk; ls esjs ifjokj dk thou ;kiu djuk eqfdy gh ugha vfirq nqHkhj gks tkosxk rFkk esjs cPpksa dk Hkfo"; Hkh va/kdkje; gks tk;sxkA egksn; th esjs ifr ds nsgkUr mijkar lkekftd Lrj ij ,oa vkfFkZd Lrj ij esjs mij vkus okys nkf;Roksa dk Hkku lHkh dks Hkyh Hkkafr gksxk ,slh fLFkfr esa fu;fer ekfld vk; u gksus ls lkekftd nkf;Roksa dk ogu u djus esa lekt esa gekjh fLFkfr n;uh; gks xbZ gSa ,oa vkfFkZd Lrj ij Hkh ge vius thou Lrj dks cuk;s j[kus esa iw.kZr;k vleFkZ gS ifr ds nsgkUr ls tks gesa ekufld vk?kkr yxk mlls ge vHkh vcj gh ugha ik;s fd cSad }kjk ,slk fu.kZ; ysuk gekjs ifjokj ds fy, ,d vkSj vk?kkr gS vkSj blls vcj ikuk kk;n gekjs fy, lEHko ugha gksxk] egksn; th eqÖks vkkk gh ugha iw.kZ fookl gS fd Hkkjrh; LVsV cSad tSlk fokky cSad gekjs mijksDr rF;ksa dks ,oa esajs LoxhZ; ifr }kjk cSad esa 25 o"kZ fu"BkiwoZd ,oa bZekunkjh ls iw.kZ leiZ.k Hkko ls tks lsok,a iznku dh mudks en~nsutj j[krs gq, esjh bl izkFkZuk dks ekuoh; vk/kkj ij iqufoZpkj dj esjs iqk dqynhi dYyk dks vuqdEik ds vk/kkj ij fu;qfDr iznku dj ,d ifjokj dks vkfFkZd ,oa lkekftd :i ls VwVus ls vo; cpk;saxs blh iw.kZ vkkk ds lkFk (4). From reading of the representation submitted by mother of the petitioner it is apparent that she is to receive family pension for a period of five years in a tune of about Rs. 7000/-, she received only a sum of about Rs. 52,000/- at the time of death of her husband, she is having a half constructed skeleton of the house, she is residing in a rented premises with rent of Rs. 2000/- per month and she is still to undertake marriage of her younger daughter. The petitioner also submitted a notice for demand of justice through his counsel but of no consequence. The claim of the petitioner is that the bank has not considered his family condition objectively and reached at an erroneous finding that the circumstances do not prove the petitioner and his family in penurious conditions. (5). In reply to the writ petition it is stated by the respondents that only criteria which can justify compassionate employment is the penurious condition of the family and in the present case the competent authority after examining the financial condition of the petitioners family reached at a specific conclusion that it cannot be termed as penurious and, therefore, the petitioner is not entitled for appointment on compassionate grounds. According to the respondents the case of the petitioner was considered under ``Scheme for Employment of the Dependents of the Employee who Die while in the Service of the Bank - Service on Compassionate Grounds. Under the scheme aforesaid a criteria is prescribed for determining financial condition of a family, that reads as under:- ``Financial condition of the family. The dependents of an employee dying in harness may be considered for compassionate appointment provided the family is without sufficient means of livelihood, specifically keeping in view the following: (a) Family pension. (b) Gratuity amount received. (c) Employees/Employers contribution to PF. (d) Any compensation paid by the Bank or its Welfare Fund. (e) Proceeds of LIC policy and other investments of the deceased employee. (f) Income of family from other sources. (g) Employment of other family members. (h) Size of the family and liabilities, etc. (6). It is emphasised that the petitioner is a member of a family that is receiving family pension and that is sufficient to sustain, therefore, the petitioner is declared disentitled for getting appointment on compassionate grounds. (7). (f) Income of family from other sources. (g) Employment of other family members. (h) Size of the family and liabilities, etc. (6). It is emphasised that the petitioner is a member of a family that is receiving family pension and that is sufficient to sustain, therefore, the petitioner is declared disentitled for getting appointment on compassionate grounds. (7). The respondents alongwith their reply also placed on record the note on basis of which appointment was declined to the petitioner on compassionate grounds. The note referred above reads as under:- ``The Dy. General Manager Jaipur Zonal Officer, vide his letter No. Ankaj/Karmik/1323 dated 4.3.03 placed below (Flag `A), has recommended the case of Shri Kuldeep Kalla s/o Late Shri Rajendra Prasad Kalla, Sr. Asstt., for appointment on compassionate grounds in Clerical Cadre. Shri Kalla expired on 13.10.2002 at the age of 54 years. He had served the Bank for 24 years. No disciplinary action was pending or ever initiated against Shri Kalla during his service in the Bank. The case has been examined as per Corporate Centre Guidelines for appointment on compassionate grounds and our observations have been summarised below: (A) Position regarding Assets & Liabilities of the family. ASSETS LIABILITIES (in lacs) (a) Terminal benefits (a) To the Bank (a) P.F.(b) Gratuity(c) Leave Encashment(d) M.W. Fund (Relief) 5.872.221.020.10 Consumer LoanPersonal LoanHousing LoanAddl. Hous. LoanDemand LoanOver draft 0.160.884.052.320.150.78 9.21 8.34 (b) MOVABLE PROPERTY (b) TO OUTSIDERS Household goods Nil Friends/Relatives 1.27* (c) IMMOVABLE PROPERTY Constructed house and value thereof : House (constructed with Banks finance) Value : not advised- approx. Rs. 7 lacs Income Nil * Not taken into a/c in the absence of verifiability of such borrowings (d) INVESTMENTS NSCsLIC : Rs. 0.35 lacsRs. 0.85 lacs Rs. 1.20 lacs (e) MONTHLY INCOME (i) Family pension : Rs. 5797/- p.m. (ii) Income of employed family member (s) : Rs. NIL (iii) Monthly relief under MWS : Rs. 250/- (iv) Assumed Intt. on 30% of net corpus of terminal dues @ 6.25% p.a. (if invested) : Rs. 363/- (v) Assumed intt. on investments @ 6.5% : Rs. 625/- Rs. 7035 p.m. Salary Last drawn by the deceased employee Gross - Rs. 17992/- Net - Rs. 13925/- The family of Late Shri R.P. Kalla consists of his wife aged 47 years and 1 son & 2 daughters aged 24, 27 & 22 years respectively. The elder daughter is already married. on investments @ 6.5% : Rs. 625/- Rs. 7035 p.m. Salary Last drawn by the deceased employee Gross - Rs. 17992/- Net - Rs. 13925/- The family of Late Shri R.P. Kalla consists of his wife aged 47 years and 1 son & 2 daughters aged 24, 27 & 22 years respectively. The elder daughter is already married. Now there are only 3 dependents left in the family and a monthly income of Rs. 7035/- is considered adequate for sustenance of a family of 3 members. Shri Kuleep Kalla, son of the deceased, has applied for appointment on compassionate grounds in Clerical Cadre. He has passed B.Com. Part II exam. The family owns its own house. Consideration of all aspects in entirety, it is felt that the condition of the family cannot be termed as penurious. In view of the foregoing, it is felt that as per Corporate guidelines, it is a NOT a FIT case for appointment on compassionate grounds. The request of Shri Kuldeep Kalla for compassionate appointment in Clerical Cadre may, therefore, be declined. (8). The note above provides all necessary and minute details with regard to financial status of the family of the petitioner. From perusal of the note it is apparent that the petitioners family is having a liability to repay the loan to friends and relatives in a tune of Rs. 1.27 lacs. No movable property is available with the family. In the name of immovable property it is only a house worth approximate Rs. 7 lacs. Out of that house the petitioner and his family is not getting any income. The family is having total investment of 1.20 lacs against National Savings Certificates and Life Insurance. The total monthly income of entire family is of Rs. 7035/- against family pension, monthly relief under MWS, corpus of terminal dues and assumed interest on investment @ 6.5% per annum. On basis of the income of Rs. 7035/- per month the respondent bank considered the condition of the petitioners family as not penurious. (9). A reliance is also placed by counsel for the respondent bank upon a judgment of Honble Supreme Court in the case of Punjab National Bank and others vs. Ashwini Kumar Taneja, reported in (2004) 7 SCC 265 , wherein denial of appointment on compassionate grounds to a person receiving family pension was held justified. (9). A reliance is also placed by counsel for the respondent bank upon a judgment of Honble Supreme Court in the case of Punjab National Bank and others vs. Ashwini Kumar Taneja, reported in (2004) 7 SCC 265 , wherein denial of appointment on compassionate grounds to a person receiving family pension was held justified. In the case aforesaid also the same scheme was under consideration. (10). In rejoinder, in general the petitioner has reiterated whatever already stated in the petition for writ with an additional emphasis that the family pension of the petitioner shall be substantially reduced after a period of five years i.e. in the year 2007. (11). Heard counsel for the parties. (12). The only reason for denying appointment on compassionate grounds to the petitioner is that the condition of the petitioners family is not so penurious that warrant such appointment. In view of it the main question required to be adjudicated is whether in available economic sources the family of the petitioner be termed and treated as penurious that may warrant appointment of the petitioner on compassionate ground? (13). As stated in preceding paras the respondent bank while declining appointment to the petitioner has taken into consideration the fact that a sum of Rs. 7035/-, that includes family pension, is adequate for sustenance of a family of three members. It is true that by getting income in a tune of Rs. 7035/- family of the petitioner shall be able to continue with their breath but that is not only requirement of life. The life is required to be dignified, that means something more than mere survival. A dignified life includes the minimum requirement for an honoured member of society with adequate source to provide education, medical facility and have capability to discharge simple social liabilities. The term ``penurious is for poor conditions, it does not mean the bagging conditions. It is highly unjust that the respondents considered a sum of Rs. 7035/- as adequate for sustenance of a family of three members. The object of the rules/administrative instructions to provide compassionate appointment is to provide a helping hand to the family of a deceased employee in harness and this help should be in such nature that the family may maintain itself with atleast minimum dignity. 7035/- as adequate for sustenance of a family of three members. The object of the rules/administrative instructions to provide compassionate appointment is to provide a helping hand to the family of a deceased employee in harness and this help should be in such nature that the family may maintain itself with atleast minimum dignity. From perusal of the note prepared by the bank while considering economic status of the petitioners family, it is apparent that the worth of the house of petitioner is Rs. 7 lacs only. The sole income of the petitioner is Rs. 7035/- per month and one daughter of the deceased bank employee is still to be married. In such circumstances I do not consider that the economic status of the family of the petitioner is not penurious. (14). In the case of Punjab National Bank & Ors. vs. Ashwini Kumar Taneja (supra) Honble Supreme Court held the non grant of appointment on compassionate grounds to the wards of deceased bank employees justified on the count that they were extended the benefits of pension. However, in entire judgment the amount of pension is not referred. In the case aforesaid as a matter of fact certain wards of the deceased bank employees sought their comparison with a set of wards of employees who were not getting pension. (15). In the present case the circumstances are totally different. The respondents considered the case of the petitioner under various heads prescribed to determine financial condition of the family and in those consideration family pension is only one criteria. Beside that several other conditions are required to be seen. As I have already stated earlier, the family of the petitioner received a very meagre amount against gratuity and Provident Fund. The income under the head of Welfare and LIC is also too meagre. No member of the family is in employment and the size of the family though is of three members but a daughter of deceased bank employee is yet to be married. In such circumstances, merely on the count that the mother of the petitioner is receiving family pension, appointment cannot be denied to the petitioner. The penurious conditions of every family are required to be decided on facts of each case. The law laid down by Honble Supreme Court in the case of Punjab National Bank & Ors. In such circumstances, merely on the count that the mother of the petitioner is receiving family pension, appointment cannot be denied to the petitioner. The penurious conditions of every family are required to be decided on facts of each case. The law laid down by Honble Supreme Court in the case of Punjab National Bank & Ors. vs. Ashwini Kumar Tajeja (supra), therefore, cannot be applied in present set of circumstances. (16). It is also required to be remembered that the appointment on compassionate grounds is not only a matter of giving a little help to the family of the deceased employee but it is also an effort to maintain honour and dignity of the family of deceased employee including the widow. Our society calls for worship of womanhood and honour of women but at the same time deny common human privilege to them specially to the single woman, may she be unmarried, divorced or widow. Unfortunate death of a husband is still a biggest misfortune for the women. The position of a widow in society is highly pathetic being discriminated socially, economically and religiously, even though our constitution guarantees equality to all in every sphere. In such circumstances State as well as the society must bear much responsibility to ensure that a widow be not economically deprived after traditional bread earner is no longer alive and she be not ignored being less capable in asserting herself. Appointment to widow or to her child gives a sense of security to a widow and that too is an important consideration in giving appointments on compassionate grounds. The provisions for grant of appointment after death of basic bread earner are not meant only to provide ``Roti to the family of deceased employee but also to ensure the sense of honour and security with widow and her family in the terms of economic-stability and empowerment. (17). It can be said that the term ``deceased employee is not dependent to gender but we must not forget that in our society still the man is puller of family chariot. It is only few number of persons who secure appointments on compassionate grounds being dependent to a woman employee. An employer, therefore, while considering the case for grant of appointment on compassionate grounds should take into consideration all these factors. The destiny has given some power in their hands. It is only few number of persons who secure appointments on compassionate grounds being dependent to a woman employee. An employer, therefore, while considering the case for grant of appointment on compassionate grounds should take into consideration all these factors. The destiny has given some power in their hands. This power should not be washed by taking negative decisions or by remaining passive, specially while taking an action to execute social beneficial legislation. It is true that a person having power is required to activate it in favour of needy and not in favour of greedy but if 90% needy persons fails to get their rightly claim only due to anxiety of powerful to restrain one greedy, then it is better to allow one greedy to fulfil the requirements of 99% needy. (18). In the instant matter it appears that the bank was over cautious in exercising its powers and reached at an erroneous finding that the family condition of the petitioner is not penurious. Looking to all the facts and circumstances of this case, I am is of the absolute opinion that the petitioners family can very well be termed as penurious and the petitioner is entitled for appointment on compassionate grounds. The denial of the same, therefore, is declared illegal. (19). Accordingly, this petition for writ is allowed. The respondents are directed to recruit the petitioner in its service on compassionate grounds. An order in this regard is required to be passed within a period of three months from today. (20). No order to costs.