Judgment : 1. The petitioner's husband was employed as a Messenger in the Nehru Park branch of the respondent Bank. According to the petitioner, her husband served for 20 years as a last grade servant. Unfortunately, he died on 07.12.2007 while in service due to jaundice. 2. The petitioner made a request for compassionate appointment on 12.02.2008, as her husband was the sole breadwinner for the family. He left behind the petitioner and two children as his legal heirs. 3. The request for compassionate appointment was rejected by the first respondent, by an order dated 10.09.2008 on the ground that there is no Scheme for compassionate appointment. Thereafter, the petitioner made an application dated 18.07.2010 for Ex-gratia since compassionate appointment was declined. The said request was rejected by the second respondent on 20.06.2011 on the ground that the application for Ex-gratia was made belatedly. 4. Hence, the petitioner has filed this writ petition to quash the order dated 10.09.2008 of the first respondent and 20.06.2011 of the second respondent and for a consequential direction to pay Ex-gratia or to provide employment on compassionate ground. 5. A counter affidavit is filed by the first respondent. When the petitioner has specifically pleaded that she made an application for compassionate appointment on 12.02.2008 in paragraph 4 of the affidavit in support of the writ petition, the same has not been denied in the counter affidavit. It is stated that the petitioner made an application for compassionate appointment. It is also stated that the request for compassionate was rejected on 10.09.2008. It is stated that the Scheme for compassionate appointment was discontinued by the Bank pursuant to the judgment of the Apex Court in Umesh Kumar Nagpal v. State Bank of Haryana and others reported in 1994 (4) SCC 138 . 6. It is further stated that as per the decision of the Board of Directors, the Scheme for payment of Ex-gratia in lieu of compassionate appointment was introduced in the Bank. The application for Ex-gratia shall be made within one year from the date of death of the employee as per the Scheme. Since the application was not made in time, the same was rejected. 7. Heard both sides. 8. The Banks Scheme providing for Ex-gratia payment is found enclosed at Page 3 of the typed set of papers. The application for Ex-gratia shall be made within one year from the date of death of the employee as per the Scheme. Since the application was not made in time, the same was rejected. 7. Heard both sides. 8. The Banks Scheme providing for Ex-gratia payment is found enclosed at Page 3 of the typed set of papers. Clause 5 is relevant for the purpose of this case, which may be usefully extracted below:- "5. In the above cases, ex-gratia amount will be paid to the family of the employee if eligible and if requested for within six months from the date of the death of the employee. "Family" for this purpose would mean and include spouse, wholly dependent children (son, including legally adopted son/unmarried daughter including legally adopted unmarried daughter). In case of unmarried employee, parents who are wholly dependent on the employee will constitute "family". 9. It is true that Clause 5 of the Scheme contemplates that the family of the deceased employee shall make a representation for ex-gratia payment within a period of six months from the date of the death of the employee. 10. In this case, the petitioner made an application dated 12.02.2008 for compassionate appointment within a period of six months. The same is not disputed. In fact, the petitioner also enclosed the death certificate dated 05.02.2008 in the typed set of papers. 11. As stated above, the averments made by the petitioner that the application for compassionate appointment was made on 12.02.2008 was not disputed in the counter affidavit. The bank was providing compassionate appointment for a very long time to one of the members of the deceased family, if the workman dies during service. But the said Scheme was discontinued in 2004 and in its place, the Scheme providing Ex-gratia was introduced. In these circumstances, I am of the view that the application for compassionate appointment shall be treated as application for claiming Ex-gratia. The Bank is perfectly correct in refusing to provide compassionate appointment since there is no Scheme when the application is made for compassionate appointment. When the application is made for compassionate appointment, the Bank shall not proceed technically that the application for compassionate appointment was not made in time though the application for compassionate appointment was made within six months. The Bank is perfectly correct in refusing to provide compassionate appointment since there is no Scheme when the application is made for compassionate appointment. When the application is made for compassionate appointment, the Bank shall not proceed technically that the application for compassionate appointment was not made in time though the application for compassionate appointment was made within six months. Therefore, the six months' time that is prescribed in Paragraph 5 of the Scheme providing Ex-gratia payment is said to have been complied with in view of the application made by the petitioner for compassionate appointment. Furthermore, it is relevant to take note of the letter dated 08.11.2011 sent by the first respondent, who is the higher authority to the second respondent calling for details to consider the payment of Ex-gratia to the petitioner. The copy of the said letter was also marked to the petitioner. 12. In view of the fact that application for compassionate appointment was made by the petitioner within six months from the date of the death of the employee and in view of the letter dated 08.11.2011 of the first respondent to the second respondent seeking details to consider payment of ex-gratia and the said letter also being marked to the petitioner, I am of the view that the order of the second respondent refusing to pay Ex-gratia on the sole ground that application was made belatedly is liable to be interfered with. 13. Accordingly, the order of the second respondent dated 20.06.2011 is set aside. The petitioner shall provide necessary particulars as sought for by the respondent in his letter dated 08.11.2011. Thereafter, the first respondent is directed to pass appropriate orders relating to payment of Ex-gratia under the Scheme within a period of six weeks from the date of receipt of a copy of this order. 14. The writ petition stands allowed to the extent indicated above. No costs. Consequently, connected miscellaneous petition is closed.