Allahabad High Court
KAMINI MISHRAversusBANK OF BARODA EARLIER DENA BANK AND 2 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The Court disposed of the writ petition without addressing the merits, directing the petitioner to file a fresh representation before the HR manager within three weeks and the bank to decide it within two months.
Summary
The petitioner, a widow of a bank employee who died in service, filed a writ petition seeking mandamus directing Bank of Baroda (formerly Dena Bank) to decide her applications for ex‑gratia payment and compassionate appointment and to release the amount with interest. The bank contended that the grievance should be addressed by its Chief Manager, Human Resource Management Department, and did not oppose a direction for a fresh representation. The Court considered whether it should issue mandamus or allow the matter to be resolved administratively. Concluding that continued litigation would not serve any useful purpose, the Court ordered the petitioner to move a fresh representation before the HR manager within three weeks, and directed the bank to decide it within two months, without commenting on the merits. Accordingly, the writ petition was disposed of.
Issues considered
- Whether the Court should issue a writ of mandamus directing the bank to decide the petitioner’s pending applications for ex‑gratia and compassionate appointment
- Whether the petition can be disposed without adjudicating the merits and instead directed to a fresh representation before the bank’s HR department
Subjects
- ex‑gratia
- compassionate appointment
- mandamus
- writ petition
- bank
- human resources
- administrative law
- fresh representation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6751 of 2026
Kamini Mishra
.....Petitioner(s)
Versus
Bank Of Baroda Earlier Dena Bank And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Gudiya Shukla, Sanjiv Maurya, Vipin
Kumar Kushwaha, Vivek Agnihotri
Counsel for Respondent(s) : Anadi Krishna Narayana
Court No. - 33
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the petitioner and Sri Ashok Kumar Lal,
learned counsel for the respondent nos. 1, 2 and 3.
2. This writ petition has been filed, inter alia, seeking the following reliefs:
"A- Issue a writ, order or direction in the nature of Mandamus directing
the Respondents to decide the Petitioner's Application dated 28.06.2011,
26.11.2011 and 20.07.2016;
B- Issue a writ, order or directed in the nature of Mandamus directing the
Respondents to release the admissible ex-gratia amount along with
interest.
C. Issue a writ, order or direction in the nature of Mandamus directing
the respondents to consider and decide the petitioner's claim for
compassionate appointment within a stipulated time frame;"
3. It is submitted that the husband of the present petitioner died in harness
on 28.01.2011 while working on a Group 'D' post. Thereafter, the petitioner
made several representations for grant of ex gratia, as permissible under law;
however, the same is still pending consideration before the authority
concerned despite repeated requests.
4. Learned counsel for the bank submits that the grievance of the present
petitioner can more appropriately be redressed by the Chief Manager,
Human Resource Management Department (respondent no. 2) and he has no
objection if a direction is issued for expeditious disposal of the fresh
WRIA No. 6751 of 2026
2
representation, to be moved by the present petitioner, within such stipulated
period, as may be directed by this Court.
5. In this conspectus, as above, no useful purpose would be served by
keeping this matter pending, therefore, this Court deems it appropriate to
finally dispose of the present writ petition, without making any observation
on the merits of the case, with liberty to the present petitioner to move a
fresh representation to ventilate his grievances, as raised in this petition,
within a period of three weeks from today, along with a certified copy of this
order and a self attested copy of the instant writ petition, before the Chief
Manager, Human Resource Management Department (respondent no. 2),
who, either himself or through the competent authority as permissible under
law, shall consider and decide the same in accordance with law
expeditiously, preferably, within a period of two months from the date of
production of the same, if there is no any other legal impediment.
6. With the aforesaid observation, present writ petition is disposed of.
May 6, 2026
vkg
(Dinesh Pathak,J.)
Digitally signed by :-
VINOD KUMAR GOSWAMI
High Court of Judicature at Allahabad
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