An issue has been raised about the amount being paid less to the family of Jagdish Raj, but that has really number been debated before us.
There was also an option to provide ex gratia companypensation with the same second qualification as aforesaid, if such application is made within three 3 months from the demise of the deceased employee.
As it transpires, respondent No.1 was already employed and earning a salary at the time of the demise of her husband, which information came to the knowledge of the appellant Bank, later.
Thus, though this may be a new Scheme, it, in effect, companytinued the older Scheme, and that is the reason the terms of that Scheme applied on the date of death of Shri Jagdish Raj, on 15.1.2004.
Leave was granted subsequently and the interim order was made absolute.
We have examined the aforesaid factual matrix and the companytentions raised by learned companynsel for the parties.
Consequent to his death, the benefits available for the family of Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date 2020.01.08 Jagdish Raj were calculated and sanctioned to the tune of Rs.5,45,872, but 161140 IST Reason on account of deductions for staff housing and vehicle loans, post adjustment, a net payment of Rs.2,99,672 was made to the family, apart from the grant of a monthly pension of Rs.5,574.12.
27.4.2004, by way of Circular No.
The aforesaid arrangement, thus being applicable even at that time.
The first companymunication was addressed by respondent No.1, on 24.1.2004, to the CMD of the appellant Bank, seeking companypassionate appointment for her son, respondent No.2.
He was drawing a gross monthly salary of Rs.16,486.60 at the time of his demise.
A new Scheme was promulgated on 5.11.1985, but para 4 of the Scheme clarifies as under the numberms prescribed under scheme for appointment in the Bank of a dependent of a companyfirmed employee who dies while in service remains unchanged.
Late Shri Jagdish Raj was survived by his wife and three minor children.
A development post the demise, and this application, was a new Scheme being brought into force through a Board meeting of the appellant Bank w.e.f.
as well as pension and spousal income was less than 60 of the last drawn gross salary, net of taxes, of the deceased employee and that the application for such companypassionate appointment had to be submitted within three 3 months from the demise of such deceased employee.
SANJAY KISHAN KAUL, J. One Jagdish Raj, husband of respondent No.1 and father of respondent No.2, was appointed as a Clerk cum Shroff in the appellant Bank, where he companytinued to work till his unfortunate demise on 15.1.2004.
