1. Smt v. 1. The Union of lndia

Petition under Section 151 CPC praying that in the circumstances stated ln the affidavit filed in sr.rpport of the petition, the High Court may be pleased to direct the respondent rlo.2 to appoint the Petitioner No.2 in suitable post as per the Scheme 2014 pending disposal of the main case. Counsel for the Petitioner : SRI MAMIDI VENU MADHAV Counsel for the Respondent No.1 : SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.2 to 4 : SRI T.KOTESWARA RAO, LEARNED COUNSEL FOR STATE BANK OF INDIA The Court made the following ORDER HON,BLE MRS. JUSTICE SUREPALLI NANDA I 1 20 f o2 ORD ER: Heard Sri Mamidi Venu Madhav' learned counsel appearing on behalf of the petitioners' Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India' appeartng behalf of respondent No'1 and Sri T' Koteswara Rao' learned counsel for state Bank of India' appearing on behalf of resPondent No.2' 2 T it ne th w n e t followinq relief : "... to issue any appropriate writ' order or direction more particularly in the nature of Writ of Mandamus declaring that the dependents of the deceased family Shaik Ghousuddin (who worked as DECO at SBH' Chikkadpally entitled for branch, HYderabad died in harness) view of the appointment on compassionate grounds Scheme 2Ol4 de horse the payment of Ex-Gratia amount in No PER/GR Scheme 2005 ImPugned Proceeding action of the VIlllCA/3Lz Dated 11-04-2015 and the respondents not considering the case of the petitioners for compassionate appointment in addition to payment of Ex- Gratia is illegal, arbitra ry and mala fide and violation of Articles 14; L6 and 2l and consequently direct the respondents to consider the claim of the petitioners for compassionate ground Pass" "'' 2 SN, I wP 19204 2020

3. The case of the petitioners, in brief, is that the husband of lst petitioner shaik Ghausuddin had worked as crerk-cum-Cashier at SBH, Chikkadpally Branch, Hyderabad. On 07.I7.ZOi4 white driving two wheeler, the 1.t petitioner,s husb,and colluded with a divider and sustained head injury and subsequenfly died in harness on 25.11.2014 at Sunshine Hospital, Secunderabad. On 23.03.2015, 1't petitioner applied for compassionate appointment under a Scheme for Compassionate Appointment in public Sector Banks which was introduced by the Government of India w.e.f. 05.08.2014. Under the said Scheme 2014, the employees of the bank, who died while in service, the dependent family members of the deceased employee including spouse, chilclren and dependent family members are entifled for compassionate appointment. The 1't petitioner applied for compassionate appointment on 23.L2.20I4, 23.03.2015 and 29.06.2015, but the SBH head office issued the impugned order pER/GR.VilI/CA/312, dated 11.04.2015 stating that 1st petitioner is not entifled for compassionate appointment. It is Further case of the petitioners that the Scheme 20L4 is applicable to the petitioners but the respondent Bank denied the request of the petitioners made vide the said representations. Aggrieved by the impugned proceeding No. J SN, J wP 19204 2020 PER/GR Vlll/CA/3Lz Dated 11'04'2015, the petitioner approached the Court by filing the present writ petition'

4. PE (A) s T DT RE RD r L 4- 15 u Re H u d R R III h e n n r 3 .'SBH STATE BANK OF HYDERABAD HEAD OFFICE, GUNFOUNDRY, HYDERABAD - 5OO OO1. A.P. PERSONAL DEPARTMENT HEAD OFFICE, HYDERABAD PER/GR.VIII/CA'/312 DATE : 11.04.2015. Staff-Award-late Sri Shaik Ghousuddin, PF:192924 ' Cashier/ ;i;;i.;t'ttii.il;p"ttv utun.n expired'on 25'11'2014 - Request for appointment on compassionate grounds' Please refer to your letter no'F/Statfl5297 dated 24'03'2015 on the captioned subject. In terms of guidelines in vogue as envisaged in Ho circular No' 'prdlioro--rris3 dated :-o.oa.zorr PEN2oTs-t612 dated b7.o+.zors ihe requests for appointment on compassionate ue lxaminea and considered in respect of cases of ;;nJ;ill dependents of: Emolovees die while performing his official duty' as a result of ,ioLni", terrorism, robbery or decoity' Employees die within five years of his. first appolntment or before is later' leaving a i"'j[i,ils-,n; age of 30 years,. .whichever olpena6nt spouie and/or minor children ' se, sth Th rs tnsta rit the ADD ant oes e est of the a olicant. e mln and roce ss the requ '-;4,j 4 t u u d SN, J wP 19204 2020 a He m e 13 134 dated 5.O7 .2()r &P Rl2,J15-1 12d ted. 4.20 5. H PE 2 n u m e (B) T es em f rBa e Siqned/_ Deputy General uanager lnn),,. a ron te oi m !n 5 .20 4vi CM ist off an D.O. F.No. 1a/2t 2013- IRdated .8.2 014) !n rticu lar o ra N .8 is extracte hereu nder: *8. TIME TIMIT FOR CONSIDERING APPLTCATIONS

8.1. 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. roun s

8.2. However, Ba nk can cons ider reo uest for como as sionate ao oint ent ven when the dea th or retirement onm edical ack ev m a n nsid fln such elat however, be kept in view that the concept of compassionate appointment is largely related to the need for immediate assistance to the family of the employee in order to relieve it from economic distress. The very fact that the family has been able to manage somehow all these years should normally be taken as adequate proof that the family had some dependable means of subsistence.. Therefore, examination of such cases would call for a great deal of circumspection. The decision to make appointment on 5 SN. J wI 19204 2020 a n SU hc ses a h f t B rdl vel" (c) T e u d n e a d he und er: r d f t u d r ffid vit It is submitted that the petitioner after receiv'ng ex- "8. gratia amount of Rs.12 lakhs in the month of October' 2015 has maintained complete silence and stated to have requestecl for the compassionate appointment to her once again after a period of almost three years and three months by another representation dated L2'12'2O19 addressed to the Chairman and Managing Director of the State Bank of India at Mumbai without routing her application through proper It is earnestlv channel which she has been doing all along' I r 1 2 e bv the resDon den bank". r t D scussrON ND co CLUsro 5. The compassionate appointment scheme revised in the year 2O: .4 i.e. the Scheme for Compassionate appointment on compassionate grounds tn excePtional cases in State Bank of Hyderabad Para No.3 of the said Scheme is extracted hereunder: I 1 E o e n e B >=€ 6 SN, J wP t9204 2020 lu DSUma mou nt. Accordingly, the Bank has decided to continue the scheme for compassionate appointment in exceptional circumstances with certain modifications in terms and conditions. The whole object of offering compassionate employment in such exceptional cases is to enable the family to tide over the sudden crisis due to death bf bread winner. The mere death of an employee in harness does not enti e his family to such a source of livelihood. The obiect is to r SI t is satis ted that the fi such that but fo the pro sion of emD lovm ent nof the milv ts mr wt e o th crr e r n al co ditio h th Ba

6. A bare perusal of the para No.3 of the said Scheme 2014 clearry indicates that ail the pubric Sector Banks can have both the options i.e. conrpassionate appointment or payment of ex_gratia lump sum amount, and hence therefore it is evident that apart from payme nt or ex gratia rump sum amount, scheme for compassionate appointment can also be considered. A bare perusal of the scheme does not indicate that if exgratia is released compassionate appointment cannot be requeste(l by the children or spouse of the deceased employee.

7. This Court opines that the order impugned dated 11.04.2015 issued by the Deputy Generat Manager, Regional Office, Hyderabad is without apptication of mind, and rrassed in a routine, mc(:hanicat manner without i 7 SN, J wP t9204 2020 considering the object of the scheme. The learned counsel appearing on behalf of the petitioners submits that the writ petition could be disposed of directing the respondents 2 and 3 to consider petitioners representation dated 24.C,3.2015 duly considering representation of the l"t petitioner dated 3O.O9.2O15 and 29.06.2015 addressed to the 3'd respondent herein and 1st petitioner,s representation , dated 12.12.2O19 seeking appointment on compassionate ground addressed to the 2nd and 3'd respondents herein as per the revised scheme i.e. Scheme for appointment on compassionate grounds in exceptional cases in State Bank of Hyderabad, in accordance to law.

8. The earnedc ounsel Al, earl onb e half of resDondents does not dispute the said submtssrons made bv e learn cou ns eari n of th ou h of th affidavit filed n behalf f the resoondents ( extra cted above) that the reoresentation dated 12.1 .2019 said o have b n submitte dbvtheo etitioner was not received bv the r soondent bank, which owever ts denied bv he learn el aDDearlno on ed couns behalf of petitioner. 8 SN, J wP 19204 2020 3

9. The object of compassionate appointment is a socia! security measure to support the family of the deceased government servant, who dies in harness. The aim and object of the policy for compassionate appoint.nent is to provide financial support to the family of the clecdased employee, who left the dependents in distress and penury. The core aim of the object of providing compassionatc appointment is to relieve thc family from financia! sufferings being faced for the sudden demise of the Bread Winner of the family. The sufferings being faced by the dependents of the deceased employeq for sudden demise of the Bread Winner could be solved for some extent by providing compassionate appointment to one of the dependents of the deceased employee to look after the family. The said relief shoutd not be denied and hence the petitioner's request for compassionate appointment cannot unil eral nica I I m e e a manner defeatino the v rv obi ct of the co Dass ionate ADDointment without condu ctinq anv enquirv whether I ner f wl h th sai u icl ti es !ntn oetitioner laim bv ami ninq t e petitioner relevant a: 9 SN, J wP 19204 2020 documents in support of petitioners case, statinq that the apolicant does not fall under the ouidelines in voque.

10. Takino into consid eration: (a) The aforesaid facts and circumstances of the case, (b) The submissions of the learned counsel appearing on behalf of the petitioners and the learned counsel appearing on behalf of respondents, (c) Para No.8 of the counter affidavit filed on behalf of the respondents (referred to and extracted above), (d) Clause 3 of the Scheme for appointment on compassionate grounds in exceptional cases in State Bank of Hyderabad (referred to and extracted above), (e) Para '8' of the Scheme for Compassionate appointment in public sector Banks (w.e.f.) O5.08.2O14 vide Ministry of Finance D.O.F.No.18 /212O13-lR dated O7.O8.2014 (referred to and extracted above), Without going into the merits of the rival contentions put forth by both the learned counsel on record, upon consent, the present writ petition is disposed of directing the 3'd respondent to consider the l"t petitioner's ) I i 10 SN, J wP 19204 2020 representation dated 29.05.2015 and 3O.09.2O15 addressed to the 3'd respondent and l"t petitioner's representation dated 12.12.2019 seeking appointment on compassionate grounds addressed to the 2"d and 3'd respondent duly reconsidering petitioners earlier representation dated

24.O3.2OL5 without reference to the impugned letter dated

11.04.2015 issued by the Deputy General Manager, Regional Office, Hyderabad in accordance to law, in conformity with principtes of natural justice by providing an opportunaty of personal hearing to the petitioners, cluly taking into consideration the Sclreme for appointment on compassionate grounds in exceptional cases in state Bank of Hyderabad, duty examining the r6levant documents in support of petitioner's case by conducting due enquiry as per due procedure, and pass appropriate orders within a period of six (6) weeks from the date of receipt of a copy of this order. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any pending, in the Writ Petition shall also stand closed. //TRUE COPY' SD/.A. PRATHIMA EPUTY REGISTRAR SECTION OFFICER To 1 The Secretary, Union of lndia, Ministry of Finance' Department of Financial Services, New Delhi - 110001' Bhavan, ruaLOim Cama Road, Mumbai-400 021 ..

2. The Managing Drrector, State Bank of lndia' Central Office State Bank 'state Bank of lndia, Telangana state, Local

3. The chief Generat rvranagli, Head Office, Koti, Hyderabad - 500 095' .\ irir, -;,a .': ,t l 4 The State Bank of Hyderabad, now merged with State Bank of lndia, DGM, _ Zonal Office, 3rd floor, patny Circle Secunderabad - 500 003. 5. One CC to SRt MAMtDt VENU MADHAV, Advocate tOpUCl 6 One CC to SRt GAD| PRAVEEN KUIMAR, DEpUTy SOL|C|TOR GENERAL 7. One CC to SRt T.KOTES\I/ARA RAO. LEARNED COUNSEL FOR STATE B Two CD Copies &L BANK OF lNDtA. Advocate (OpUC) OF lNDlA, Advocate [OPUC] I \ SA BS HIGH COURT ) ) DATED:1X10612025 v F' -; iF .s $ 'r \\ C.C. TODAY ( t gtH * ORDER WP.No.19204 of 2020 DISPOSING CIF THE W.P WITHOUT COSTS. ($- t5