Disposed

Shiv Dayal v. Union of India and Others

Allahabad HC19 Nov 2019SPLAD/950/2012

Case brief

AI extract

What is this about?

Special appeal under Art. 137 against dismissal of writ petition for compassionate appointment. Court finds no provision for appointment. However, directs bank to consider claim for ex-gratia payment if application is filed within one month, pending future application by appellant.

What did the court decide?

In the event of future application for ex-gratia payment, Respondent Bank to consider and decide it within one month by speaking order.

Shiv Dayal Vs Union of India and Others — Pension and Retirement Benefits | Allahabad HC (2019)

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Court No. - 4

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Case :- SPECIAL APPEAL DEFECTIVE No. - 950 of 2012

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Appellant :- Shiv Dayal Respondent :- Union Of India And Others Counsel for Appellant :- Birendra Singh Counsel for Respondent :- A.S.G.I.,Vivek Ratan

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Hon'ble Bala Krishna Narayana,J. Hon'ble Rohit Ranjan Agarwal,J.

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Heard learned counsel for the appellant and Sri Vivek Ratan, learned counsel for the respondents.

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This special appeal has been filed against judgment and order dated 06.09.2012, passed by learned Single Judge in Writ- A No. 45136 of 2012, by which the aforesaid writ petition was been dismissed. Upon perusal of the impugned order, it transpires that appellant had filed aforesaid writ petition before this Court claiming compassionate appointment in place of his father, Narendra Kumar Dayal who had allegedly died in harness while working in Union Bank of India. The writ petition was dismissed by learned Single Judge holding that there was no provision for providing compassionate appointment under the Rules governing service conditions of the employees of Union Bank of India.

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Learned counsel for the appellant challenged the impugned order on several grounds, however, he has failed to bring to our notice any provision providing for compassionate appointment to the employees of Union Bank who died in harness.

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In view of the above, we do not find any reason to interfere with the impugned order which appears to be based upon relevant considerations and supported by cogent reasons.

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At this stage, learned counsel for the appellant made a prayer that there is a provision under the service conditions providing for ex-gratia payment to the dependents of the employees who die in harness and hence, the Bank be directed to make exgratia payment to the dependents of appellant's father.

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Sri Vivek Ratan, learned counsel appearing for Union Bank of India submitted that the ex-gratia amount has not been paid to the appellant as he has not made any application in this regard before the Bank and in case, the appellant applies and his claim

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is found to be genuine, the amount which he and the other dependents of the deceased are entitled to receive as ex-gratia payment shall be disbursed to them.

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In view of the above, we dispose of this special appeal with liberty to the appellant to move an application before respondent no. 2 seeking payment of ex-gratia amount which he and other dependents of his deceased father are entitled to receive.

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In case any such application is moved by the appellant before respondent no. 2, he shall consider and decide the same strictly in accordance with law by speaking and reasoned order, as expeditiously as possible, preferably within a period of one month from the date of filing of such application by the appellant before him.

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Order Date :- 19.11.2019 V.S.Singh

Shiv Dayal v. Union of India and Others

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Shiv Dayal v. Union of India and Others

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