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TMI Blog2007 (2) TMI 581X X X X Extracts X X X X X X X X Extracts X X X X ..... m of the same was presented before the Central Board of the Bank, which was approved on 16.11.1996. On 01.08.1999, Record Assistant (Cash & Accounts) in the Dhab Wasti Ram, Amritsar branch, Sri. Sukhbir Inder Singh (late), passed away. The respondent, widow of Sri. Sukhbir Inder Singh applied for compassionate appointment in the appellant Bank on 05.02.2000. On 07.01.2002, the competent authority of the Bank declined the application of the respondent in view of the scheme vis-`-vis the financial position of the family. Against this decision of the authority the respondent filed Civil Misc. Writ Petition No. 3077/2002 before the Punjab and Haryana High Court. The High Court ordered reconsideration of the case of Jaspal Kaur, respondent herein by its order dated 11.12.2003. On 05.03.2004, the Deputy General Manager of the Bank reconsidered the case of the respondent and declined appointment to the respondent on compassionate ground after taking into consideration the financial condition of the family. The Competent Authority thereafter declined the request of the respondent on 03.04.2004. This decision was conveyed to the respondent by the appellants on 05.04.2004. Thereafter, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ciate the fact that the terminal benefit of Rs.4,57,607/- paid to the family is an integral part of the financial security made available to the family of the deceased. The payment of terminal benefits are an important factor and cannot be left out while considering the financial condition of the family.Mr. Mukul Rohtagi submitted that the Division Bench of the High Court erred in substituting its views with the views/findings of the competent authority, by holding that the family income "is not sufficient for the bare maintenance of the family". Learned senior counsel relied on the decisions of this Court in support of his contentions. He submitted that this Court has held that the Court exercising the jurisdiction of judicial review should not interfere with findings of fact arrived by the competent authorities, except in the case of mala fides or perversity as held in the case of Bank of India & Anr. vs. Degala Suranarayana, (1999) 5 SCC 762. He also relied on a recent decision of this Court in the case of Union Bank of India & Ors. vs. M.T.Latheesh, (2006) 7 SCC 350, (Dr. AR. Lakshmanan and Tarun Chatterjee, JJ) where this Court held that, "the specially constituted authoriti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duced to as a result of the death of an employee in harness. Late Shri. Sukhbir Inder Singh was drawing a monthly salary of Rs. 15000/- when he died. On his death, besides his widow he left behind three minor children including two 15 years old daughters and a son who was 8 years of age. The respondents contented that the bank has not considered the case of dependent of Sukhbir Inder Singh keeping in view the size of the family and liabilities. Further the respondents relied on para 8 of the Scheme which reads as under:- "8) EX-GRATIA: Ex-gratia on compassionate grounds in lieu of compassionate appointment may be granted to the family of the employee and subject to the ceilings specified below, if the monthly income of the family from all sources calculated in the manner shown below in paragraph 9 (B) is less than 60% of the last drawn gross salary (net of taxes) of the employee. The family shall be deemed to be eligible for ex-gratia payment if the income so arrived at is below 60% of the gross salary (net of taxes) last drawn, and ineligible if it is 60% or more of the gross salary (net of taxes). Ex-gratia will be paid to the family of the deceased employee or the employee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 005), also followed the decision in Kunti Tiwary (supra) case. Hence a major criterion while appointing a person on compassionate grounds should be the financial condition of the family the deceased person left behind. Unless the financial condition is entirely penury, such appointments cannot be made. In the present case the financial condition of the respondents family is not one of destitution, the appellants have already paid a sum of Rs.4,57,607/- as terminal benefits (after deducting Rs.19,183/- towards liabilities); a sum of Rs.2055/- p.m. was being paid towards family pension and monthly income under Staff Mutual Welfare Scheme and in addition the total monthly income of the family comes to Rs.5855/- (monthly pension of Rs.2055/- + Rs.3800/- p.m. as notional interest on the investment of Rs.4,57,607/-). The competent fact finding authority on the basis of the above financial details had arrived at the conclusion that the financial condition of the family is not penurious and that the family earns sufficient income to maintain themselves. Hence appointment on compassionate ground was not granted to the respondent. We however, do not feel the necessity to interfere with thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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