Kumar Keshav v. Jharkhand Rajya Gramin Bank, through its Chairman, Ranchi
2024-02-22
RAJESH SHANKAR
body2024
DigiLaw.ai
ORDER : RAJESH SHANKAR, J. The present writ petition has been filed for quashing letter no. 319 dated 01.06.2020 (Annexure-4 to the writ petition) and letter no. 702 dated 12.10.2022 (Annexure-6 to the writ petition) issued under the signature of the respondent no. 3 – the General Manager, Jharkhand Rajya Gramin Bank, Ranchi, whereby the claim of the petitioner for compassionate appointment has been rejected. Further prayer has been made for issuance of direction upon the respondents to appoint the petitioner on compassionate ground in view of the applicable scheme of appointment on compassionate ground floated in the erstwhile Vananchal Gramin Bank with effect from 08.03.2019. 2. Learned counsel for the petitioner submits that the petitioner’s father – Siddheshwar Lal Kunjilwar, while working as Office Assistant in Vananchal Gramin Bank, Jasidih Branch, Deoghar, presently known as Jharkhand Rajya Gramin Bank, died in harness on 28.08.2016 leaving behind his widow – Mrs. Shobha Devi, two sons namely, Mukund Lal Kunjilwar & Kumar Keshav (the petitioner herein) and one married daughter namely, Mrs. Soni Kunjilwar. All the aforesaid legal heirs except the married daughter were solely dependent on the income of his father Late Siddheshwar Lal Kunjilwar. The petitioner being a Graduate (B.com Honrs.) made an application seeking compassionate appointment in the year 2017 with the consent of other legal heirs of Late Siddheshwar Lal Kunjilwar, however, his case was not considered on the ground that there was no such existing scheme for compassionate appointment in Vananchal Gramin Bank. The petitioner made fresh representations on 21.06.2019 and 02.08.2019 to the concerned authorities and finally, vide impugned letter dated 01.06.2020, his request for compassionate appointment was rejected on the ground that as per letter No. F.No.7/38/2014-RRB dated 31.12.2018 issued by the Government of India and letter no. NB.IDD.RRB/316 (Compassionate Appoint.)/2018-19 dated 09.01.2019 issued by NABARD, the scheme with respect to compassionate appointment was to be enforced from the date the Board of Directors of the concerned Gramin Bank approved the same. It was further mentioned in the said letter that the scheme with respect to compassionate appointment was approved in the meetings of the Board of Directors of the erstwhile Jharkhand Gramin Bank held on 12.02.2019 and the Board of Directors of the erstwhile Vananchal Gramin Bank held on 08.03.2019 and the scheme was made operative from the said respective dates.
It was further mentioned in the said letter that the scheme with respect to compassionate appointment was approved in the meetings of the Board of Directors of the erstwhile Jharkhand Gramin Bank held on 12.02.2019 and the Board of Directors of the erstwhile Vananchal Gramin Bank held on 08.03.2019 and the scheme was made operative from the said respective dates. It was thus observed in the letter dated 01.06.2020 that since the petitioner’s father had died on 28.08.2016 i.e., prior to coming into force of the scheme for compassionate appointment, he was not entitled to get compassionate appointment in Jharkhand Rajya Gramin Bank due to demise of his father. Subsequently, the petitioner represented the Board of Directors, Jharkhand Rajya Gramin Bank on 28.08.2022 and vide letter dated 12.10.2022 (Annexure-6 to the writ petition), the petitioner’s request was again rejected on the said ground by the respondent no. 3. 3. Learned counsel for the petitioner, while referring to the judgment dated 03.07.2023 rendered in the case of “ Aman Kumar Vs. Jharkhand Rajya Gramin Bank, Ranchi & Ors. (L.P.A No. 325 of 2020) , submits that the learned Division Bench of this Court while interpreting different provisions of scheme for compassionate appointment made effective from 08.03.2019 in the erstwhile Vananchal Gramin Bank, has held as under: 8(vi) It is evident from Clause 8.1 that application for employment under the Scheme from eligible dependent should normally be considered upto five years from the date of death or retirement on medical grounds and decision to be taken on merit in each case, meaning thereby, the application is to be filed by the eligible candidate within five years from the date of death or retirement on medical ground. 8(vii) Clause 8.2, however, confers power upon the Bank to consider request for compassionate appointment even when the death or retirement on medical grounds of the employee took place long back, even five years ago. 8(viii) If Clause 8.1 and first part of Clause 8.2 will be read together, it suggests and clarifies that maximum period to make application as per Clause 8.1 is five years and the Bank has also been conferred with the power to also consider the application, if the application of such dependent of deceased employee where the death or retirement on medical ground took place even five years ago.
8(ix) The aforesaid provision does clarify so far as it relates to the death took place prior to coming into effect of the scheme dated 18.03.2019 that the period for consideration will be five years prior, i.e., up to 18.03.2014. 8(x) But, if the condition stipulated under Clause 8.1 will be considered, the spirit of the said provision is that in case of death took place five years ago, the application is required to be filed within five years from the date of death or retirement on medical grounds and decision to be taken on merit in each case. 8(xi) The meaning of Clause 8.1 and part of clause 8.2 will be that the dependent whose bread earner has died on or after 18.03.2019, it is incumbent upon the dependent to make application within five years from the date of death. Herein, the death took place on 01.05.2017 and hence, the application was required to be filed by 30.04.2022. 8(xii) Clause 8.2 further clarifies regarding the belated request, i.e., if the death took place five years ago, by stipulating therein how the decision is to be taken in favour of the dependent and a condition has been stipulated therein that while taking such decision, the competent authority is to consider the concept of compassionate appointment which is based upon to meet out the need for immediate assistance to the family of the employees in order to relieve it from economic distress. The authority is also required to consider the very fact as to whether the family has been able to manage somehow all these years and whether they at all require any means for subsistence. Therefore, the authority has been conferred with the power to examine such cases with great deal of circumspection. The aforesaid decision will be taken at the Board level.
Therefore, the authority has been conferred with the power to examine such cases with great deal of circumspection. The aforesaid decision will be taken at the Board level. 8(xiii) The second part of the condition stipulated under Clause 8.2 if read with first part, i.e., if the case of the dependent of the deceased employee who has died five years ago from the date of coming into effect of the scheme dated 18.03.2019, the criteria for providing appointment on compassionate ground will be to consider their financial means so as to assess that the dependent of the deceased employee are at all in penury so as to achieve the very object and intent of appointment on compassionate ground and for that the authority has been conferred with the power to examine with great deal of circumspection so that if the dependent of the employee concerned has been able to manage the family of the deceased employee for a period of five years then there is no requirement to provide appointment on compassionate ground. xxx xxx xxx xxx xxx xxx xxx xxx 15. … … … … … … … 15(i) Let such decision be taken within a period of three months from the date of receipt of copy of this order. 15(ii) It is made clear that the authority is required to take decision strictly in accordance with the stipulation made under Clause 8.2 regarding the financial viability as referred therein. 4. It is thus submitted by learned counsel for the petitioner that Jharkhand Rajya Gramin Bank came into existence with effect from 01.04.2019 after merging of Vananchal Gramin Bank and Jharkhand Gramin Bank. It is also submitted by learned counsel for the petitioner that since the aforesaid scheme for compassionate appointment came into force in the Vananchal Gramin Bank with effect from 08.03.2019 and the petitioner’s father had died in harness on 28.08.2016, the petitioner’s claim for grant of compassionate appointment is required to be considered by competent authority of Jharkhand Rajya Gramin Bank particularly in terms with Clause 8.2 of the said scheme. Moreover, the petitioner’s case is also covered by Clause 8.1 of the said scheme as on factual assertion made by the respondents in the counter affidavit, the petitioner had made application seeking compassionate appointment in the year 2017. 5. Mr.
Moreover, the petitioner’s case is also covered by Clause 8.1 of the said scheme as on factual assertion made by the respondents in the counter affidavit, the petitioner had made application seeking compassionate appointment in the year 2017. 5. Mr. Shubham Sinha, learned counsel for the respondents, though counters the petitioner’s contention on merit, however, he accepts that the present issue with respect to the period of limitation for consideration of application seeking compassionate appointment has been dealt with in the aforesaid judgment in the manner submitted by learned counsel for the petitioner. 6. Heard learned counsel for the parties and perused the materials available on record. Learned Division Bench of this Court in the case of “ Aman Kumar ” (supra) has already interpreted Clause 8.1 and Clause 8.2 of the Scheme for Compassionate Appointment applicable in the erstwhile Vananchal Gramin Bank which has been merged in the Jharkhand Rajya Gramin Bank with effect from 01.04.2019 and its Board of Directors has also approved the said scheme for compassionate appointment in the meeting held on 14.08.2019. It appears that pursuant to death of Siddheshwar Lal Kunjilwar, the petitioner being his son with consent of other legal heirs had made applications on 21.06.2019, 02.08.2019 and 28.08.2022 seeking compassionate appointment in the Jharkhand Rajya Gramin Bank. However, the said applications were rejected vide impugned letters dated 01.06.2020 and 12.10.2022 primarily on the ground that his father had died prior to coming into force of the said scheme. 7. This Court is of the view that the reason assigned in the said impugned letters are bound to be rejected particularly in view of Clause 8.2 of the said scheme as per which the request for compassionate appointment could be considered by the bank even when the death or retirement on medical grounds of the employee took place long back i.e., even 5 years before coming into force of the said scheme. Admittedly, the petitioner’s father died on 28.08.2016 and the petitioner’s had made application seeking compassionate appointment on 21.06.2019, whereas the said scheme came into force in the erstwhile Vananchal Gramin Bank on 08.03.2019. Since the death of the petitioner’s father had occurred within 5 years of coming into force of the said scheme, the respondents were bound to consider the said application of the petitioner.
Since the death of the petitioner’s father had occurred within 5 years of coming into force of the said scheme, the respondents were bound to consider the said application of the petitioner. Otherwise also, the petitioner made applications seeking compassionate appointment on 21.06.2019 & 02.08.2019 and thus his applications were also required to be considered in terms with Clause 8.1 of the said scheme, which speaks that application for employment under the scheme from eligible dependent should normally be considered upto five years from the date of death or retirement on medical grounds of the employee. 8. In the aforesaid facts and circumstance, the impugned letters dated 01.06.2020 and 12.10.2022 cannot be sustained in law and the same are accordingly set aside. The matter is remanded to the respondent no. 2 to consider the petitioner’s application seeking compassionate appointment on its merit in the light of the provisions contained in Clause 8.1 and 8.2 of the said scheme within 3 months from the date of receipt/production of a copy of this order. 9. The writ petition is accordingly disposed of with aforesaid observation and direction.