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In this case of INDIAN BANK & ORS. VERSUS PROMILA & ANR, 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 continued to work till his unfortunate demise on 15.1.2004. He was drawing a gross monthly salary of Rs.16,486.60 at the time of his demise. Consequent to his death, the benefits available for the family of Jagdish Raj were calculated and sanctioned to the tune of Rs.5,45,872, but 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.
An issue has been raised about the amount being paid less to the family of Jagdish Raj. Late Shri Jagdish Raj was survived by his wife and three minor children. 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. The cause for the present dispute arises from an application made on behalf of the son (respondent No.2 herein) seeking compassionate employment on account of demise of Shri Jagdish Raj. We may add at the threshold that this application was made on 24.1.2004, on which date the son was a minor. Needless to say that any such request for compassionate employment had to be in terms of the prevalent scheme at that time. There has been some confusion as to the scheme applicable and, thus, this Court directed the scheme prevalent, on the date of the death, to be placed before this Court for consideration, as the High Court appears to have dealt with a scheme which was of a subsequent date.
The High Court of Punjab & Haryana vide impugned order dated 11.8.2008, granted Rs.2 lakh ex gratia payment, while leaving it open to the respondents to make an appropriate application regarding any terminal benefits, if not paid. This Rs.2 lakh benefit is in consonance with the subsequent Schemes of 2004 and 2005 which had come into force, and appears to have been so done more out of sympathy than any other factor. The appellant-Bank aggrieved by this order filed a Special Leave Petition and interim order of stay was granted on 16.1.2009. Leave was granted subsequently and the Supreme court held “We may have sympathy with the respondents about the predicament they faced on the demise of Shri Jagdish Raj, but then sympathy alone cannot give remedy to the respondents, more so when the relevant benefits available to the respondents have been granted by the appellant-Bank and when respondent No.1, herself, was in employment having monthly income above the benchmark. We have, thus, no option but to reluctantly set aside the impugned order and dismiss the writ petition originally filed by the respondents. The appeal is accordingly allowed, leaving the parties to bear their own costs.”
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