Patna High Court
Lushi KumariversusThe Deputy General Manager (H.R. Operations) Bank of Baroda
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The court ordered the bank to pay the gratuity, leave encashment, fix the monthly pension if permissible, and decide on the compassionate appointment within the stipulated time.
Summary
The petitioner, Lushi Kumari, filed a writ petition seeking a mandamus directing Bank of Baroda to pay her late husband's gratuity, monthly family pension, and to consider a compassionate appointment after his death in service. She alleged that despite repeated representations, the bank had neither paid the gratuity nor processed her request for compassionate appointment. The bank contended that it could not consider a compassionate appointment without first settling the gratuity and pension claims. The court examined the bank's stance and found no justification for withholding payment, directing the bank to pay the gratuity, leave encashment, and, if permissible, fix the monthly pension within 30 days, and to decide on the compassionate appointment within 90 days. Consequently, the writ petition was disposed with these directions.
Issues considered
- Whether the bank is obligated to pay gratuity and monthly family pension to the petitioner under applicable service rules.
- Whether a compassionate appointment can be considered without prior settlement of gratuity and pension claims.
- Whether a writ of mandamus can be issued directing the bank to make the payments and decide on the compassionate appointment.
Subjects
- gratuity
- family pension
- compassionate appointment
- mandamus
- Bank of Baroda
- writ petition
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3290 of 2025
======================================================
Lushi Kumari W/o Late Nilesh Kumar Mandal, Resident of Village-
Dayalpur, P.S. - Kahalgaon, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The Deputy General Manager (H.R. Operations) Bank of Baroda Head
Quarter- Baroda Bhawan Seventh Floor, R.C. Dutta Road, Baroda- 390007.
2. The Regional Manager, Bank of Baroda, Rambag Road, thrid Floor,
Sakuntala Diagnostics Centre, Line Bajar, Purnia.
3. The Zonal Manager, Bank of Baroda, Zonal Office, Vth Floor, Anand Vihar,
West Boring Canal Road, Patna- 800001.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
Ms. Shyamli Kumari, Advocate
For the Respondent/s : Mr. Nishi Nath Ojha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 27-04-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents (Bank of Baroda) are present.
2. The present writ petition has been filed for the
following reliefs:-
(i) For issuance of an appropriate
direction, order, or writ in the nature of
mandamus commanding the respondents to
pay gratuity monthly family pension to the
petitioner admissible to her along with
interest @10% over the entire due amount
from till date of its actual payment.
(ii) For issuance of an appropriate
Patna High Court CWJC No.3290 of 2025(3) dt.27-04-2026
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direction, order, or writ in the nature of
mandamus commanding the respondent
authorities to dispose of the representation
dated 18.12.2024 as content in annexure P 1
of this writ application filed by the petitioner
for payment of gratuity monthly family
pension and compassionate appointment as
her husband died on 8.10.2021 during his
service.
(iii) The petitioner also prays for
the issuance of writ/writs, direction/
directions, order/orders in her favour in the
fact and circumstances of this case.
3. Learned counsel for the petitioner submits that, in
spite of repeated representations, the petitioner has neither been
paid the gratuity amount nor pension, nor has her appointment
on compassionate grounds been considered.
4. Learned counsel for the respondents, on the other
hand, submits that, vide Annexure-R/4 annexed to the writ
petition, reasons have been assigned due to which the claim for
appointment on compassionate grounds could not be considered.
5. After hearing the parties and going through the
pleadings, particularly Annexure-R/4, the extract of the same is
reproduced hereunder:
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Patna High Court CWJC No.3290 of 2025(3) dt.27-04-2026
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6. It transpires that the stand taken by the respondent
Bank is that, without payment of gratuity and monthly pension,
a decision on compassionate grounds could not be made.
7. In view of the above, the Bank of Baroda, through
the Regional Manager, Bank of Baroda, Rambag Road, Third
Floor, Shakuntala Diagnostics Centre, Line Bazar, Purnia
(Respondent No. 2), is directed to ensure payment of the
gratuity of the petitioner’s husband as well as leave encashment
to the heirs and legal representatives of the deceased
(petitioner’s husband), in accordance with the Bank’s norms,
within 30 days from the date of production of this order.
8. It is also directed to fix the monthly pension, if
permissible. Thereafter, the authority is further directed to take a
decision on compassionate appointment within 90 days
thereafter.
9. With this direction, the present writ petition stands
disposed of.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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