OMWATI vs THE BANK OF MAHARASHTRA AND ANR

Judgment text excerpt

$~P-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 26.09.2025 + W.P.(C) 9252/2025 OMWATI .....Petitioner Through: Mr. Ranjit Sharma, Advocate. versus THE BANK OF MAHARASHTRA AND ANR .....Respondents Through: Mr. V.K. Gupta, Advocate for R-1. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN JUDGMENT 1. By way of this writ petition under Article 226 of the Constitution, the petitioner seeks ex-gratia payment in lieu of compassionate appointment, following the death of her husband, who was employed as a Daftari in respondent No. 1 – Bank of Maharashtra [“the Bank”], when he died on 17.12.2014. 2. The petitioner applied for compassionate appointment on 16.04.2015. Upon rejection of her application, she sought ex-gratia payment in terms of a policy of the Bank dated 10.10.2007. As her application did not meet with favourable consideration, she has approached this Court under Article 226 of the Constitution. 3. I have heard Mr. Ranjeet Sharma, learned counsel for the petitioner, and Mr. V.K. Gupta, learned counsel for the Bank. 4. The claim for ex-gratia payment arises under a policy of the Bank dated 10.10.2007. This policy is in terms of a scheme of the Indian Banks’ Association, and applies to cases where compassionate Signature Not Verified Signed By:SOMYA W.P.(C) 9252/2025 Page 1 of 14 SATIJA Signing Date:26.09.2025 17:07:36 appointment is not provided to the family members of deceased employees. The following provisions of the scheme are of relevance in the present case: a. The objective of the scheme is to provide relief to the family of a deceased employee, enabling them to tide over the sudden crisis brought about by the employee’s premature death. This aligns with the objectives of a scheme for compassionate appointment, as held by the Supreme Court in Umesh Kuma