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Manoj Kumar Juyal v. Oriental Bank Of Commerce Thru' Asst. G.M. And Another - WRIT - A No. 71014 of 2006 [2006] RD-AH 94 (2 January 2006)


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Court No.1

Civil Misc. Writ petition No. 71014 of 2006

Manoj Kumar Juyal   .....   Petitioner


Oriental Bank of Commerce & another   ......  Respondents


Hon'ble Ashok Bhushan,J

Heard counsel for the petitioner and Shri Tarun Varma appearing for respondents No. 1 & 2.  

By this writ petition, the petitioner has prayed for a mandamus commanding the respondent to grant compassionate appointment to the petitioner.  

     The petitioner's case in the writ petition is that petitioner's father was working as Class-IV employee  in Oriental Bank of Commerce at Allahabad who died on 1.3.1999.  After the death of the father of the petitioner a letter was written to the Bank claiming compassionate appointment.  A letter dated 13.5.1999 of the Bank has been brought on the record as annexure-3 by which Bank informed Kumari Manju Juyal, the daughter of the deceased informing that at present daughter having not attained the age of majority, no action can be taken and as an when she attains the majority her request may be forwarded.  

Another letter dated 13.5.1999 of the Assistant Manager to Deputy General Manager  for keeping the case of  Km. Manju Juyal open till she attains the age of majority have been brought on record.  It appears that mother has also written a letter to the Assistant Manager for giving appointment to the daughter.  Now the petitioner who is son of deceased has come up with the case that an application by the petitioner has also been made in the proforma provided by the Bank seeking compassionate appointment.  The said application is claimed to have been submitted in the year 2004, copy of which has been brought on the record.   The letter of Km. Manju Jual  dated 30.10.2001  claiming for appointment on compassionate ground has also been brought on the record.

The learned counsel for the petitioner submitted that Bank has not yet considered the application either of Kumari Manju Jual the daughter or the petitioner.   The learned counsel appearing for the Bank has prayed time for obtaining instruction on behalf of the Bank.

From the facts brought on the record, no useful purpose will be served in keeping the writ petition pending and inviting a counter affidavit.  According to the case of the petitioner Bank has not yet taken any decision regarding giving of compassionate appointment either to Km. Manju Jual, the daughter of the deceased or the petitioner the son.

In the circumstances of the present case, ends of justice be served in disposing of the writ petition with observation that Bank may take a decision  with regard to compassionate appointment on account of death  of  Shri Bachi Ram Juyal, if such decision has not already been taken.   It is made clear that it is for the Bank to take a decision  as to who is entitled i.e whether daughter or son is entitled for compassionate appointment in accordance with law.   Such decision shall be expeditiously taken preferably within a period of four months from the date of production of a certified copy of this order.

With the aforesaid observation, the writ petition is disposed of.    

Date 2.1.2007




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