Dismissed

Mrs Renu Singh v. Jharkhand Gramin Bank

Jharkhand HC11 Nov 2016WPC/5045/2012

Case brief

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What is this about?

A writ petition filed by a widow seeking compassionate appointment for her husband who died during employment and claiming compensation. The court observed that the petitioner had already received ex-gratia payment in lieu of the appointment earlier, rendering the present claim unsustainable.

What did the court decide?

The writ petition stands dismissed as the petitioner was already entitled to and received ex-gratia payment in lieu of compassionate appointment.

Mrs Renu Singh Vs Jharkhand Gramin Bank — Pension and Retirement Benefits | Jharkhand HC (2016)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 5045 of 2012

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Mrs. Renu Singh … … … Petitioner

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-V e r s u s -

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Jharkhand Gramin Bank Represented through its Chairman

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The Regional Manager, Jharkhand Gramin Bank, Amlatola, Chaibasa

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Bank of India, Zonal Office, Represented through Zonal Manager, Bistupur

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… … … Respondents.

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CORAM: - HON’BLE MR. JUSTICE DR. S. N. PATHAK

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For the Petitioner : Mr. Manish Kumar, Advocate. For the Bank : Mr. A. Allam, Sr. Advocate. Ms. Priya Shreshtha, Advocate.

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09/11.11.2016

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Heard learned counsel for the parties.

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The grievance of the petitioner is in relation to refusal of her case for compassionate appointment as also for payment of compensation as her husband died during course of and arising out of employment.

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Learned counsel for the petitioner submits that petitioner's husband was shot by the miscreants while he was going to his work and as such, as per Scheme, she is entitled for appointment on compassionate ground.

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Mr. A. Allam, Learned Sr. Advocate appearing on behalf of the respondents submits that petitioner has already received ex-gratia payment. Learned Senior Counsel further submits that pursuant to the direction of this Court dated 29.07.2016, Bank has already filed supplementary counter affidavit bringing on record request letter of the petitioner, affidavit and the undertaking dated 04.06.2012 and other documents to prove bonafide of the Bank. It is further pointed out by learned Senior Advocate appearing for the respondents – Bank that the petitioner has already availed benefits of ex-gratia payment in the year 2012 itself in lieu of compassionate appointment on her own undertaking.

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The undisputed fact which emerge from the record is that as per Scheme of the Bank, the petitioner has already received ex-gratia payment in lieu of compassionate appointment and as such her claim for appointment on compassionate ground does not survive. Annexure-B Series to the supplementary counter affidavit clearly shows that petitioner herself had given undertaking and thereafter, was given ex-gratia payments.

¶17

In view of the facts narrated above since the admitted position is that petitioner has already received ex-gratia payment, nothing remains to be paid as per Scheme nor she is entitled for compassionate appointment. Consequently, this writ petition stands dismissed.

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(Dr. S. N. Pathak, J.)

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RC/

Mrs Renu Singh v. Jharkhand Gramin Bank

Case brief

What is this about?

What did the court decide?

Mrs Renu Singh v. Jharkhand Gramin Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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