Anukutttan S. v. Deputy General Manager (Personnel & Human Resources), State Bank of Travancore, Chief Manager, State Bank of Travancore, Ambalapuzha Branch, Alappuzha-688 561, and Union of India

W.P.(C).No.23605/16 1 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **TUESDAY, THE 15[TH] DAY OF NOVEMBER 2022 / 24TH KARTHIKA, 1944 WP(C) NO. 23605 OF 2016** ## **PETITIONER:** ANUKUTTAN S. AGED 32 YEARS AGED 32 YEARS, S/O. LATE SUGUNANANDAN, COLONY HOUSE NO.79, THOTTAPPALLY P.O., ALAPPUZHA DISTRICT. BY ADVS. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA ## **RESPONDENTS:** 1 THE DEPUTY GENERAL MANAGER ( PERSONNEL & HUMAN RESOURCES ) PERSONNEL ADMISSION DEPARTMENT, STATE BANK OF TRAVANCORE, HEAD OFFICE, THIRUVANANTHAPURAM-695 012. 2 THE CHIEF MANAGER STATE BANK OF TRAVANCORE, AMBALAPUZHA BRANCH, ALAPPUZHA-688 561. 3 THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO DEPARTMENT OF FINANCE,CENTRAL SECRETARIAT, NEW DELHI-110 001. 2 W.P.(C).No.23605/16 BY ADV SRI.P.RAMAKRISHNAN, SC, STATE BANK OF TRAVANCORE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.09.2022, THE COURT ON 15.11.2022 DELIVERED THE FOLLOWING: W.P.(C).No.23605/16 3 ## **ANU SIVARAMAN, J.** ## **= = = = = = = = = = = = = = = W.P.(C).No.23605 of 2016** ## **= = = = = = = = = = = = = = = = Dated this the 15[th] day of November, 2022** ## **JUDGMENT** - 1.This writ petition is filed seeking the following reliefs:- “i. declare that the petitioner is eligible to be appointed on compassionate ground on the death of his father while he was in the service of the State Bank of Travancore; ii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to appoint the petitioner on compassionate ground on any eligible post in the State Bank of Travancore;” 2. Heard the learned counsel for the petitioner and learned standing counsel appearing for the respondents. 3. The contention of the petitioner is as follows:- The Petitioner's father was employed in the State Bank of Travancore as Armed Guard. He died on 30.10.2014 while he was in service. The petitioner made application for appointment - on compassionate grounds. As on the date of making of application, a uniform Scheme for Compassionate Appointment W.P.(C).No.23605/16 4 was framed by the Government of India to be followed by all Public Sector Banks. As per the Uniform Scheme, if an employee dies while he is in service, his dependants are eligible for compassionate appointment. Before the framing of the Scheme by the Government of India, the State Bank of Travancore was following a separate Scheme. As per the said Scheme, compassionate appointment was limited to exceptional circumstances like the death of an employee resulting from robbery or violence or death is within 5 years of his appointment or before reaching the age of 30 years whichever is earlier. In all other cases, a lumpsum payment of ex-gratia is given. The claim of the petitioner for compassionate appointment was not considered on the ground that State Bank of Travancore was following its own Scheme. It was further contended that the Government of India by Exhibit P11 communication had given permission for them to follow the earlier Scheme. However, it is contended that the common scheme for compassionate appointment, as evidenced by Exhibit P8, is to be compulsorily followed by all public sector banks and that the nonconsideration of the petitioner's claim in terms of Exhibit P8 was completely illegal and unsustainable. It is contended that the W.P.(C).No.23605/16 5 scheme framed by the State Bank of Travancore by Exhibit P10 limiting the eligibility to exceptional circumstance cannot have any legal force at all. It is, therefore, contended that the petitioner is entitled and eligible for compassionate appointment in terms of Exhibit P8 scheme. 4.A detailed counter affidavit has been placed on record by respondents 1 and 2 contending that the State Bank of Travancore has been acquired by the State Bank of India with effect from 1[st] April 2017 and that the compassionate appointment scheme applicable is the scheme applicable to the employees of the State Bank of India. It is contended that the petitioner’s father expired on 30.10.2014 and the wife of the deceased submitted a request on 15.12.2014 for compassionate appointment of the petitioner in the writ petition. It is further submitted as follows:- “5. It is respectfully submitted that a scheme for compassionate appointment had been introduced in e-SBT as per Staff Circular No. 46/98 dated 31/10/1998. However, the said scheme dated 31/10/1998 was abolished and a new scheme for payment of Exgratia amount in lieu of Compassionate Appointment was brought into force in 2006 as per Staff Circular No. 7/2006 dated 8/2/2006. A true W.P.(C).No.23605/16 6 copy of the above mentioned scheme is produced herewith and marked as Exhibit R-1 A. In terms of paragraph 3, Clause IV of the above scheme, w.e.f. the date on which the new ex-gratia scheme comes into force the scheme for compassionate appointment shall be deemed to be abolished/withdrawn and no request for compassionate appointment shall be entertained or considered by the bank under any circumstances. Certain modifications to the scheme for payment of ex-gratia was also made subsequently as per circulars issued by the e-SBT viz Staff Circular No. 19/2012 dated 12/3/2012 and Circular No. 40/2012 dated 11/9/2012, Circular No. PAD/22/2013 dated 3/10/2013. 6. It is submitted that subsequently, in 2011, in addition to the scheme for providing for ex-gratia payment which was already in force in the bank, a scheme for appointment on compassionate grounds in exceptional case was introduced by e-SBT as per Circular No, 27/2011 dated 4/8/2011. A true copy of the said circular is produced herewith and marked as Exhibit R-1(B). The said scheme was however applicable in case of the following employees only: a) employees dying while performing his official duty, as a result of violence, terrorism, robber or dacoity, b) Employees dying within 5 years of his first appointment or before reaching the age of 30 years, whichever is later, leaving a dependent spouse and/or minor children. 7. In 2015 the scheme for compassionate appointment in exceptional circumstances has been continued by e-SBT in accordance with the approval received from the State Bank of India as per letter dated 2/3/2015. The Executive committee of the Bank had also on 30/3/2015 approved the same and the scheme was to be effected W.P.(C).No.23605/16 7 from 5/8/2014. A true copy of the Circular dated 17/4/2015 is produced herewith and marked as Exhibit R-1 (c). 8. It is submitted that Exhibit R-1 (C) circular contemplates giving of compassionate appointment to the dependent family members of permanent employees of the bank who a) dies while performing his official duty, as a result of violence, terrorism, robber or dacoity, or b) dies within 5 years of his first appointment or before reaching the age of 30 years, whichever is later, leaving a dependent spouse and/or minor children. Petitioner herein does not satisfy the above conditions in the scheme as the death of his father did not occur as a result of violence, terrorism, robbery or dacoity and as such he did not satisfy the 1st condition mentioned above. The case of the petitioner did not satisfy conditions 2 and 3 of the scheme either. In these circumstances the petitioner is not entitled for compassionate appointment.” 5.It is further submitted that the petitioner has no legal right to claim compassionate appointment on any ground other than on the basis of the existing scheme and that compassionate appointment is only a concession extended sparingly in deserving cases and that the petitioner has no right to challenge the Scheme. It is further submitted that this scheme in force, on the basis of which the request of the petitioner had been rejected, has not been challenged by the petitioner. W.P.(C).No.23605/16 8 6.The learned counsel for the petitioner places reliance on the provisions of the State Bank of India Act, 1955 as well as the decisions of the Apex Court in **MGB Gramin Bank vs. Chakrawarti Singh** [2013 KHC 4617] and of a learned Single Judge of this Court in W.P.(C).No.1074 of 2015 to contend that compassionate appointment is liable to be granted if the scheme in force provided so. It is the specific contention of the petitioner that the scheme in force can only be Ext.P8 scheme which cannot be varied by the bank at its own instance. 7.The learned counsel for the respondent would place reliance on a judgment of a learned Single Judge of this Court in W.P. (C).No.8319 of 2016 where the applicability of the very same scheme was considered and it was held that the Scheme provides for compassionate appointment in specific circumstances alone. Such classification was held to be not illegal or unreasonable. It was held that it was a policy decision of the Bank to re-introduce the scheme for compassionate appointment limiting it to the enumerated contingencies and such a decision cannot be said to be unreasonable or discriminatory warranting interference in judicial review. W.P.(C).No.23605/16 9 8.Having considered the contentions advanced, I am of the opinion that since compassionate appointment is not an accepted method of appointment to the public service, the claim of a person for such appointment can be considered only strictly in accordance with the scheme which is in force in the organization at the relevant time. There is no vested right to compassionate appointment and it is only if the right is available under the existing scheme that a person can seek such appointment under the provisions of the said scheme. In the instant case, the specific contention of the respondents is that Ext.P8 scheme was only a model scheme which was provided by the Indian Bankers Association (IBA for short) and that the respondents were specifically given permission by the competent authority, as evident from Exhibit P11, to depart from the said scheme and follow its earlier scheme granting compassionate allowance to the family of the deceased and providing for compassionate appointment only in exceptional cases, as provided in the scheme which was in force. Though the learned counsel for the petitioner would contend that the W.P.(C).No.23605/16 10 scheme provided by the IBA would override the schemes which were in force in the Bank, in the light of the specific pleadings that the earlier scheme was permitted to be followed under sanctions issued by the competent authority and in view of the fact the bank asserts that the said scheme is the only one in force in the bank and that Exhibit P8 is not being followed in any case, I am of the opinion that the prayers, as sought for in the writ petition, cannot be granted. The writ petition fails and the same is accordingly dismissed. **==> picture [26 x 13] intentionally omitted <==** **Anu Sivaraman, Judge** sj W.P.(C).No.23605/16 11 ## **APPENDIX OF WP(C) 23605/2016** PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE CERTIFIED RECORD OF SERVICE AND DISCHARGE CERTIFICATE OF THE PETITIONER'S FATHER. EXHIBIT P2 COPY OF THE DEATH CERTIFICATE OF THE PETITIONER'S FATHER SUGUNANANDAN DATED 30.12.2014. EXHIBIT P3 COPY OF THE MARK SHEET WITH PASS CERTIFICATE OF PRE-DEGREE EXAMINATION. EXHIBIT P4 COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE PIPAL INSTITUTE OF C.N.C. TRAINING. EXHIBIT P5 COPY OF THE CERTIFICATE OF COMPLETION OF CADD. EXHIBIT P6 COPY OF PROVISIONAL CERTIFICATE ISSUED BY THE SECRETARY, STATE COUNCIL FOR VOCATIONAL TRAINING. EXHIBIT P7 COPY OF THE CERTIFICATE ISSUED BY THE PRINCIPAL, H.M.V.COMPUTER CENTER, KARUVATTA. EXHIBIT P8 COPY OF THE SCHEME OF THE MINISTRY OF FINANCE, D.O.F.NO.18/2/2013 IR DATED 7.8.2014. EXHIBIT P9 COPY OF THE COMMUNICATION OF THE 1ST RESPONDENT TO THE 2ND RESPONDENT DATED 27.12.2014. EXHIBIT P10 COPY OF THE RELEVANT PAGE OF THE SCHEME FRAMED BY THE STATE BANK OF TRAVANCORE, DATED 17.4.2015. 12 ## W.P.(C).No.23605/16 EXHIBIT P11 COPY OF THE OFFICIAL COMMUNICATION NO.F.NO.18/2/2013-IR DATED 5.12.2014 OF THE MINISTRY OF FINANCE, GOVERNMENT OF INDIA. - Exhibit P12 A TRUE COPY OF THE DOS NO.18/2/2013-IR IF GOVERNMENT OF INDIA, MINISTRY FINANCE, DEPARTMENT OF FINANCIAL SERVICES DATED 7.8.2014. Exhibit P13 A TRUE COPY OF THE RELEVANT PAGES OF THE FAQ ON COMPASSIONATE APPOINTMENT BY THE INDIAN BANK ASSOCIATION. Exhibit P14 TRUE COPY OF THE CIRCULAR NO.CDO/P&HRDPM/90/2020-21 DTD. 16.3.2021. True copy PS to Judge