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Jharkhand High Court · body

2019 DIGILAW 8 (JHR)

Urmila Devi v. Jharkhand Gramin Bank represented through its Managing Director, Ranchi

2019-01-02

APARESH KUMAR SINGH

body2019
ORDER : Heard learned counsel for the petitioner and the Bank. 2. Petitioner has sought compassionate appointment on death of her husband in harness on 28th August 2013 while working on a Group-D post in the respondent-Bank. She also sought other consequential benefits on his death. 3. As per the stand of the respondent-Bank based on “Revised Model Scheme for payment of ex-gratia amount in lieu of appointment on compassionate grounds and appointment of dependents of deceased employees on compassionate grounds” (Annexure-A) brought into force with retrospective effect from 31st July 2004 vide circular dated 31st October 2008, claim of the petitioner does not fall within the provisions of Clause-4(B). Clause-4(A) contains the scheme for grant of ex-gratia in certain contingencies in cases of employees died in harness or seeking premature retirement due to incapacitation before reaching the age of 55 years. Clause-4 is quoted hereunder :- “4.(A) The scheme for grant of ex-gratia will be applicable in the following cases of employees. (i) Employee dying in harness (other than due to injury sustained while performing official duty as a result of violence, terrorism, robbery or dacoity). (ii) Employee dying due to injury sustained while performing official duty within or outside office premises (other than due to violence, terrorism, robbery or dacoity and excluding travel from residence to place of work and back.) (iii) Employee seeking premature retirement due to incapacitation before reaching the age of 55 years. (B) The Scheme of Compassionate Appointment will be applicable in the following cases: (a) Employee dying while performing his official duty, as a result of violence, terrorism, robbery or dacoity; (b) Employee dying within five years of his first appointment or before reaching the age of 30 years, whichever is later, leaving a dependent spouse and/or minor children.” 4. As per the provisions under Clause-4(B), the husband of the petitioner did not die in performance of his official duty, as a result of violence, terrorism, robbery or dacoity. His death was not within five years of his first appointment. Petitioner has also not contended that the employee died before reaching the age of 30 years. Therefore, Bank did not accede to the claim for compassionate appointment. In that case plea for ex-gratia payment was to be made within six months from the date of death of the employee under cases covered in Clause-4(A). 5. Petitioner has also not contended that the employee died before reaching the age of 30 years. Therefore, Bank did not accede to the claim for compassionate appointment. In that case plea for ex-gratia payment was to be made within six months from the date of death of the employee under cases covered in Clause-4(A). 5. As per the respondents, payment of gratuity to the extent of Rs.76,847.58 paise and leave encashment amount of Rs.27,900/- have been credited to the petitioner’s account. Insurance coverage was not available to her husband as he was not the member of Group Savings Linked Insurance Scheme (GSLI). Inquiries from the Provident Fund Commissioner’s Office have revealed that admissible provident fund have been paid. Petitioner has not made any claim for ex-gratia payment as per the scheme. 6. Learned counsel for the petitioner submits that the petitioner, being a widow, was bonafide prosecuting her claim for compassionate appointment and could not make application for ex-gratia payment due to lack of knowledge of the provisions of the scheme earlier. She may be allowed to make an application for ex-gratia payment. 7. Considered the submissions of the learned counsel for the parties in the light of the relevant material facts on record taken note above. 8. From the relevant extract of the Scheme (Annexure-A) quoted above, petitioner is not eligible to claim compassionate appointment in lieu of death of her husband in harness for the reasons that the death of the employee did not happen within five years of his appointment or before reaching the age of 30 years, whichever is later. However, on the prayer of the petitioner a widow rendered destitute on the death of the employee in harness, this Court is of the opinion that the claim for ex-gratia should be entertained by the Bank, in case she makes an application within a period of four weeks from today. Needless to say, admissible benefits of ex-gratia be released within four weeks thereafter. Writ petition stands disposed of. Petition disposed of.