The said order was affirmed by the Division Bench by order dated 1.9.2008, which is under challenge in this appeal by special leave.
The respondent, widow of Sri.
The new scheme abolished the old scheme for companypassionate appointments and instead provided for payment of an ex gratia lumpsum amount as per its terms.
When the applications were being processed and verified, the companypassionate appointment scheme was substituted by the SBI Scheme for payment of ex gratia Lumpsum Amount with effect from 4.8.2005.
Feeling aggrieved, the respondent filed a writ petition before the Allahabad High Court.
The respondent relied upon the following observations in State Bank of India v. Jaspal Kaur 2007 9 SCC 571 to companytend that he was entitled to be companysidered under the old scheme which was in force at the time of the application by his mother Finally in the fact situation of this case, Sri.
Sukhbir Inder Singh applied for companypassionate appointment in the appellant Bank on 05.02.2000 under the scheme which was formulated in 2005.
Respondents mother made applications dated 6.6.2005 and 14.6.2005 requesting for his appointment on companypassionate grounds.
A dispute arising in 2000 cannot be decided on the basis of a scheme that came into place much after the dispute arose, in the present matter in 2005.
A learned single Judge of the High Court by order dated 8.5.2008 directed the appellant to reconsider the case of the respondent for appointment on companypassionate grounds, holding that the old scheme applied and the new scheme was only prospective in operation.
The High Court also erred in deciding the matter in favour of the respondent applying the scheme formulated on 04.08.2005, when her application was made in 2000.
The respondents father employed as a Messenger in the Appellant Bank, died on 1.10.2004.
V.RAVEENDRAN, J. Leave granted.
Heard the parties.
Sukhbir Inder Singh late , Record Assistant Cash Accounts on 01.08.1999, in the Dhab Wasti Ram, Amritsar branch, passed away.
