CWP-19581-2018 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-19581-2018 (O&M) Reserved on : 13.07.2026 Date of Pronouncement : 23.07.2026 Date of Uploading : 24.07.2026 Sunita ......Petitioner Vs. Punjab National Bank and others ......Respondents Whether only the operative part of the judgment is pronounced? NO Whether full judgment is pronounced? YES CORAM: HON’BLE MRS. JUSTICE SUDEEPTI SHARMA Present : Mr. Viren Sibal, Advocate, and Mr. Devyanshu Goel, Advocate, for the petitioner. Ms. Preeti Grover, Advocate, and Mr. Mukul Chauhan, Advocate, for Mr. Saurav Verma, Advocate, for the respondents. **** SUDEEPTI SHARMA J. 1. The challenge in the present writ petition is to order/response dated 25.05.2018 and letter dated 22.05.2013, whereby the application moved by the petitioner for payment of ex gratia (lump sum) amount to the petitioner has been rejected/declined. SUBMISSIONS OF LEARNED COUNSEL FOR THE PARTIES 2. Learned counsel for the petitioner contends that the petitioner is eligible, as per scheme, for payment of ex gratia (lump sum) amount, which is attached with the present writ petition as Annexure P-4, still the VIRENDRA SINGH ADHIKARI 2026.07.24 18:46 I attest to the accuracy and integrity of this document CWP-19581-2018 (O&M) -2- application for the same has been rejected by the respondents. He, therefore, prays that the present petition be allowed. 3. Per contra, learned counsel for the respondents submits that the application submitted by the petitioner for payment of ex gratia (lump sum) amount has rightly been rejected, since the petitioner is not eligible for ex gratia amount or employment on compassionate ground, as per the guidelines issued by the respondent-bank. She further submits that the application for payment of ex gratia (lump sum) amount was rejected on 22.05.2013 and the present writ petition has been filed in the year 2018 i.e. after a lapse of 05 years. She, therefore, prays that the present writ petition be dismissed. 4. I have heard learned counsel for the parties and perused the whole file of this case with their able assistance. 5. A perusal of the file shows that husband of petitioner expired in the year 2012. The petitioner was found ineligible for sanction of ex gratia since her monthly family income was more that 60% of the last drawn gross notional salary of her deceased husband. A perusal of the scheme shows that for consideration of the eligibility for payment of ex gratia (lump sum), amount monthly income of the family from all sources is to be considered and if the same is more than 60% of the last drawn gross notional salary then the person is not eligible for grant of ex gratia (lump sum) amount. 6. A perusal of the file further reveals that the respondents have attached with the written statement a circular dated 07.01.2005 (Annexure R-1), which is modified scheme for consideration of extending financial VIRENDRA SINGH ADHIKARI 2026.07.24 18:46 I attest to the accuracy and integrity of this document CWP-19581-2018 (O&M) -3- assistance as ex gratia (lump sum) amount or employment on compassionate grounds in exceptional cases to the family of employee, who expired while in harness. 7. It would be apposite to reproduce relevant portion of the modified scheme dated 07.01.2005 (Annexure R-1) for consideration of extending financial assistance as ex gratia (lump sum) amount as well as details of schedules/annexures attached with the same, which reads as under:- 9. The details of Schedules/Annexures is as follows: S.No. PARTICULARS SCHEDULES/ ANNEXURES 01 Modified Scheme for Payment of Ex-Gratia. Schedule I 02 Modified Scheme for Employment on Compassionate Grounds. Schedule II 03 Application Form for consideration under the Scheme of Ex-Gratia (lump sum) Amount. Annexure -A 04 Format for forwarding an Application by ZO to HO HRDD for consideration under the Scheme of Ex-Gratia (lump sum) Amount. Annexure -B 05 Application Form for consideration under the Scheme of Employment of Compassionate Grounds. Annexure -C 06 Format for forwarding an Application by ZO to HO HRDD under the Scheme of Employment of Compassionate Grounds. Annexure -D VIRENDRA SINGH ADHIKARI 2026.07.24 18:46 I attest to the accuracy and integrity of this document CWP-19581-2018 (O&M) -4- SCHEDULE ‘I’ 1 to 6 XXX XXX XXX 7. PAYMENT OF EX-GRATIA (LUMP-SUM) AMOUNT : If otherwise found to be eligible, sanction of Ex- Gratia is subject to the following ceilings:- a. In case of sub-staff : Rs.6.00 lakhs b. In case of Clerical Staff : Rs.7.00 lakhs c. In case of Officers Employees : Rs.8.00 lakhs If otherwise found to be eligible, payment of Ex-Gratia (lump-sum) amount may be considered if the monthly income of the family from all sources, after the death / pre-mature retirement on medical grounds of the employee, is less than 60% of the last drawn gross salary (net of taxes) of the employee concerned. 8. CALCULATION OF MONTHLY INCOME : A) Amounts received under terminal benefits : i) Provident Fund ii) Gratuity iii) Leave Encashment iv) Any other amount paid under a scheme of the Bank. SUB-TOTAL (a): B) Liabilities to the bank: i) Loans taken from bank and/or Other Financial institutions with prior approval of the Bank. SUB-TOTAL (b): C) Net Corpus of Terminal Benefits: (c = a-b): D) Investments: i. Deposits ii. NSCs iii. PPF iv. LIC policies v. Any Other SUB-TOTAL (d): E) Details of Moveable property, if any, held and monthly income derived there from. F) Details of Immovable property, if any, held and monthly income derived there from : G) Monthly income of the family from all sources : i) Notional monthly income from interest at Bank's maximum term deposit rate as applicable as on the date of death of the employee, on the net corpus of terminal benefits received : VIRENDRA SINGH ADHIKARI 2026.07.24 18:46 I attest to the accuracy and integrity of this document CWP-19581-2018 (O&M) -5- ii) Notional monthly income from investments Based on notional monthly interest at Bank's maximum term deposit rate as applicable as on the date of death of the employee, on the net corpus of terminal benefits received : iii) Monthly income from movable and Immovable property : iv) Monthly income of family Members : v) Any other monthly income : Total Monthly income of the family : 9. AMOUNT OF EX-GRATIA PAYABLE UNDER THE SCHEME : If otherwise eligible to seek assistance under the scheme, the family of an employee may be considered for receiving this assistance where the total monthly income of the family arrived at para 8(G) above is less than 60% of the last drawn notional gross salary of the employee (net of notional taxes) for the complete month, during which he/she has expired or has been approved for premature retirement owing to incapacitation on medical grounds. In such cases, the amount of Ex-Gratia payable shall be equivalent to 60% 37 of the last drawn notional gross salary (net of notional taxes), payable for each month of remaining notional service of the employee (i.e. up to the notional age of normal superannuation in terms of extant service rules / conditions) at the time of his death / incapacitation, subject to cadre-wise ceiling of "Maximum Amount" as follows :- Category Maximum Amount Payable Officers Rs.8.00 lakhs Clerical Staff Rs.7.00 lakhs Subordinate Staff Rs.6.00 lakhs” The relevant portion of Annexure ‘B’ for the purpose of calculating total monthly income of the family to consider the eligibility for entitlement of ex gratia is reads as under:- “A. PARTICULARS OF THE DECEASED EMPLOYEE: B. PARTICULARS OF FAMILY MEMBERS : C. DETAILS OF ASSETS & LIABILITIES : D. DETAILS OF DUES SETTLED BY BANK : VIRENDRA SINGH ADHIKARI 2026.07.24 18:46 I attest to the accuracy and integrity of this document CWP-19581-2018 (O&M) -6- E. DETAILS OF AMOUNTS RECEIVED/ RECEIVABLES FROM OTHER SOURCES : F. DETAILS OF MONTHLY FAMILY INCOME INCL. PENSION : (a) Family Pension (Break-up as Basic + DA) : (b) Army Pension (Break-up as Basic + DA) : (c) Pension from Insurance Co., if any : (d) Income of family members Employed or engaged in business/ profession : G. TOTAL MONTHLY INCOME OF THE FAMILY : Total of C+D+E+F above : H. PAST RECORD OF THE DECEASED EMPLOYEE:” 8. A perusal of Annexure B as referred to above shows the manner in which the total monthly income of the family is to be calculated. Clause F as referred to above of Annexure B shows details of monthly family income including pension wherein family pension is specifically mentioned. Clause G shows method of calculating the total monthly income of the family which is the total of Clause C+D+E+F. After applying this formula in the case of the petitioner, admitted fact is that the family monthly income is more than 60% of the last drawn gross notional salary of husband of the petitioner, therefore, the case of the petitioner for grant of ex gratia (lump sum) amount has rightly been rejected. 9. In view of the above, I do not find any merit in the present writ petition and the same is hereby dismissed. 10. Pending applications, if any, also stand disposed of. (SUDEEPTI SHARMA) JUDGE 23.07.2026 Virender Whether speaking/non-speaking : Yes/No Whether reportable : Yes/No VIRENDRA SINGH ADHIKARI 2026.07.24 18:46 I attest to the accuracy and integrity of this document