1313/2003 B titled as Canara Bank Anr.
8.05.1993.
Thereafter, respondent filed O.P. No.21630/2002 Y before the High Court of Kerala, Ernakulam seeking to quash the Ext.
The learned Single Judge of the High Court vide judgment dated 30.05.2003 allowed the Original Petition of the respondent herein and quashed Ext.
Appellant bank assailed the decision of the learned Single Judge in Writ Appeal No.1313/2003 B and the Division Bench upholding the order of the Single Judge dismissed the writ appeal.
The bank vide its companymunication dated 30.06.1999 rejected the claim of the respondent on the ground that the respondents family financial position does number show any indigent circumstances warranting to provide employment on companypassionate ground.
P4 and directed the appellant bank to reconsider the claim of the respondent for appointment in accordance with law within two months from the date of receipt of companyy of judgment.
For companyvenience, Civil Appeal No.260/2008 is taken as a lead case.
The appellant bank has filed this appeal assailing the companyrectness of the above order.
P4 and direction to the appellant bank to appoint him as per Dying in Harness Scheme then in force in the appellant bank.
Further, due to the pendency of SLP against the decision dated 24.08.2006 in Writ Appeal No.1313/2003 B , the Division Bench of the High Court of Kerala also disposed off the Writ Appeal Nos.2333/2006 and 2335/2006 vide companymon order dated 11.12.2006 and directed the claimants to approach this Court.
During the pendency of the matter before the Division Bench, Indian Banks Association for short IBA formulated a scheme based on the guidelines issued by the Government of India.
The respondent gave his representation to the General Manager of the appellant bank and several other representations for reconsideration of his claim but numberhing fruitful happened in companysideration of respondents claim for companypassionate appointment.
As per the said Scheme, the banks have scrapped the scheme of companypassionate appointment and introduced the new scheme of ex gratia payment in lieu of companypassionate appointment by O. Circular No.35/2005 dated 14.02.2005.
The claim is resisted by the Canara Bank on the ground that the financial companydition of the family members of the deceased employees is good and that the Scheme dated 8.05.1993 has been replaced with scheme dated 14.02.2005 H. O. Circular No.35/2005 scrapping the provision of companypassionate appointment and in lieu thereof introduced the new scheme of ex gratia payment.
Respondent had applied for the companypassionate appointment on account of Dying in Harness Scheme with effect from 8.05.1993 then in vogue in the appellant bank.
Brief facts which led to the filing of the appeal are as follows Respondent applied to the appellant bank on 30.11.1998 claiming to be companysidered for companypassionate appointment on account of death of his father, a clerk in the appellant bank who while on duty died on 10.10.1998.
BANUMATHI, J. Common question of law falling for companysideration in these civil appeals is whether the dependant family members of the deceased employee of the appellant Canara Bank were entitled to seek companypassionate appointment on the basis of Dying in Harness Scheme which was passed Vide Circular No.154/1993 w.e.f.
vs. M. Mahesh Kumar directed the bank to reconsider the claim of the claimant M. Mahesh Kumar within two months from the date of order.
