Judgment:
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:
30. 01.2015 CORAM THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD)No.1171 of 2012 Banumathi .. Petitioner Vs. 1.The General Manager (Personnel), Personnel Administration Department, Indian Overseas Bank, Central Office, 763, Anna Salai, Chennai - 2. 2.The Branch Manager, Indian Overseas Bank, Kamarajar Road, Kumbakonam, Thanjavur District. .. Respondents Prayer:- This Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to appoint the petitioner as Sub-Staff or in any other competent post under compassionate ground by considering her application, dated 02.08.2004 or otherwise to provide ex-gratia amount in lieu of compassionate appointment by considering her application, dated 25.07.2005 and 16.11.2007. !For Petitioner : Mr.N.Sathish Babu For Respondents : Mr.M.P.Senthil :ORDER
This Writ Petition has been filed to direct the respondents to appoint the petitioner as Sub-Staff or in any other competent post under compassionate ground by considering her application, dated 02.08.2004 or otherwise to provide ex-gratia amount in lieu of compassionate appointment by considering her application, dated 25.07.2005 and 16.11.2007.
2. The petitioner is the wife of late K.Inbaraj. Her husband was working as a Sub-Staff (Draftry) at the second respondent's Office. He died on 27.05.2004 due to cardiac arrest. The petitioner is struggling to lead her life with two daughters.
3. According to the petitioner, she submitted an application on 02.08.2004 to the first respondent through the second respondent for appointment on compassionate ground. She did not get any reply. Therefore, she approached the second respondent on several occasions for appointment on compassionate ground. Thereafter, the second respondent called the petitioner to his Office and advised her to submit an application for payment of ex-gratia amount, as appointment on compassionate ground was withdrawn. On such information, the petitioner submitted an application on 25.07.2005 and 16.11.2007 to the second respondent. The second respondent assured that he would forward the application to the first respondent for grant of ex-gratia payment. The petitioner is having two daughters, aged about 25 and 27 years. The second daughter of the petitioner is physically challenged. The petitioner has stated that she is very poor and unable to meet out the day-to-day family expenses and maintain her two daughters. Therefore, she has filed the present writ petition for the relief stated supra.
4. The respondents filed counter affidavit denying various averments made by the petitioner. The respondents have denied the receipt of application dated 02.08.2004 from the petitioner for compassionate appointment and the applications dated 21.04.2005 and 25.07.2005 for payment of ex-gratia amount. The second respondent accepted the receipt of application, dated 16.11.2007. According to the second respondent, the said application was received only on 31.05.2008. The respondents have stated that the provision for appointment on compassionate ground was scrapped and the Bank formulated a scheme for payment of ex-gratia amount. As per Clause 5 of the said Scheme, ex-gratia amount will be paid to the family of the deceased employee, if eligible and if requested for within six months from the date of death of the employee. The benefit under the scheme is paid subject to the fulfilment of the conditions stated in the scheme and the family of the employee cannot claim ex-gratia amount as a matter of right.
5. In the present case, the petitioner has made an application only on 16.11.2007 i.e., after 3+ years from the date of death of her husband. Therefore, the respondent Bank did not entertain the said application and the same was informed to the Regional Office, vide letter dated 17.07.2008 by the first respondent. The respondents have also stated that the petitioner has sent a representation, dated 25.12.2011, with a view to file the present writ petition. Therefore, the respondents prayed for dismissal of the writ petition.
6. Heard the learned counsel for the petitioner and the learned counsel for the respondents.
7. I have perused the materials on record and considered the arguments of the learned counsel for the petitioner and the respondents.
8. It is relevant to extract Clause 5 of the Scheme for payment of ex- gratia amount. "5.In the above case, ex-gratia amount will be paid to the family of the employee if eligible and if requested for within six months from the date of death of the employee. "Family" for this purpose would mean and include spouse, wholly dependent children (son, including legally adopted son/unmarried daughter including legally adopted unmarried daughter). In case of unmarried employee, parents who are wholly dependent on the employee will constitute "family"."
9. From the Scheme filed by the respondents, it is seen that a scheme for payment of ex-gratia amount shows that the grant of ex-gratia amount to the family of the deceased employee was substituted in lieu of appointment on compassionate ground. As per Clause 5 of the Scheme, the application has to be made within six months from the date of death of the employee and ex- gratia amount will be paid to the family of the employee, if eligible. In the present case, according to the petitioner, she made an application on 02.08.2004, for appointment on compassionate ground. The respondents have denied the same. The petitioner has not produced any proof for having made such application. The respondents have also denied having receipt of representation, dated 21.04.2005 and the application dated 25.07.2005 for payment of ex-gratia amount. According to the respondents, the said application was rejected on 17.07.2008 itself and the same has been addressed to the Regional Office, Thanjavur. There are no documents produced by the respondents for having communicated the said rejection to the petitioner.
10. As per the Scheme, the family members of the deceased employee has to make an application within six months from the date of death of the employee, requesting payment of ex-gratia amount. The Bank will consider the said application and make payment to the family members of the employees, if eligible for the said payment. The respondents have admitted having received the application, dated 16.11.2007 and 31.05.2008. Admittedly, the said applications are made beyond the time limit fixed in the Scheme. The petitioner has stated that she is very poor and has to maintain her two daughters, one of whom, is physically challenged. No proof has been produced by the respondents to show that the application, dated 16.11.2007, was rejected by the letter, dated 17.07.2008 and the same had been communicated to the petitioner.
11. In view of the above facts, the respondents are directed to consider the application of the petitioner, dated 16.11.2007 afresh, taking into consideration the statement of the petitioner that she is very poor and maintaining her two daughters, one of whom is physically challenged. This order will not be a precedent for other cases in which representations are made beyond six months as contemplated in the Scheme. The writ petition is disposed of accordingly. No costs. Index : yes 30.01.2015 Internet : yes smn2 To 1.The General Manager (Personnel), Personnel Administration Department, Indian Overseas Bank, Central Office, 763, Anna Salai, Chennai - 2. 2.The Branch Manager, Indian Overseas Bank, Kamarajar Road, Kumbakonam, Thanjavur District. V.M.VELUMANI, J.
smn2 W.P.(MD)No.1171 of 2012 30.01.2015