[ 3458 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 1628 OF 2022 Between: Smt Pentakota Venkata Atchuta Bhagya Lakshmi, W/o Late Bhargava Ramudu, Hindu, Aged 24 years, Residing at D.No- 18-8-48, VJ Naidu Street, Gavarapalem, Anakapalle, Visakhapatnam - 531001 (Adhar No- 92322 2547 8580) ...PETITIONER AND 1. UCO Bank, Rep. By its General Manager Head Office-ll, DD 3 & 4, Sector-1, Salt Lake, Kolkata-700064 2. The Manager, UCO Bank, D.No.6-4-96, Opposite Bajaj Auto Show Room, Ashok Nagar, Amalapuram, East Godavari District 533201 3. Pentakota Surya Prakasa Rao, S/o late Appala Naidu Aged 60 years, R/at Door No. 18-848, VHIuri Jogi Naidu Street Gavarapalem, Anakapalle, Visakhapatnam 4. Pentakota Venkata Satyavathi, W/o P Surya Prakasa Rao Aged 53 years R/at Door No. 18-848, Villuri Jogi Naidu Street Gavarapalem, Anakapalle, Visakhapatnam ...RESPONDENTS w Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents 1-2 in refusing to consider No objection/Letter of Relinquishment/Affidavit of the Family members of the deceased dt.03.02.2021 and appoint the petitioner on compassionate grounds dehors the condition of relinquishment by the respondents 3-4 in the format of an affidavit as per 1®‘ respondent bank format as illegal, arbitrary, and violative of Article 14 and 21 of Constitution of India and it is consequentially prayed to direct the respondents to consider the No objection/Letter Relinquishment/Affidavit of the Family members dt.03.02.2021 and appoint the petitioner on compassionate grounds in the 1®* respondent bank. of of the deceased lA NO: 1 OF 2022 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 1 and 2 to consider the No objection/Letter of Relinquishment/Affidavit of the Family members of the deceased dt.03.02.2021 and appoint the petitioner on compassionate grounds in the 1®‘ respondent bank. Counsel for the Petitioner(s):SRI. G VENKATA SUBBA RAJU Counsel for the Respondents: SRI P RAJASEKHAR Counsel for the Respondents: SRI E SAMBASIVA PRATAP The Court made the following: 1 APHC010022252022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 1628/2022 Between: Smt Pentakota Venkata Atchuta Bhagya Lakshmi ...PETITIONER AND Uco Bank and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.G VENKATA SUBBA RAJU Counsel for the Respondent(S): 1.P RAJASEKHAR 2.E SAMBASIVA PRATAP The Court made the following: ORDER:- Heard Sri G. Venkata Subbaraju, learned counsel for the petitioner and Sri P. Rajasekhar, learned counsel for the respondents. 2. The Writ Petition is filed seeking appointment of the petitioner on compassionate grounds after considering the no objection/relinqu ishment affidavit of the family members of the deceased. 2 It is contended that the petitioner’s husband whHe working as Assistant Manager at the respondent, died on19-12-2020 by then, the petitioner and the deceased were blessed with a child of two years. On the death of petitioner’s husband, the petitioner has made an application on 21-06-2021 for employment in the 1®' respondent Bank on compassionate grounds. On the said application, the 2"'^ respondent had addressed a letter dated 04-10-2021 and 30-10-2021 to the petitioner to enclose the following annexure/forms: 3. an “1. Affidavit of income, Date of Birth, Marital Status and Educational qualification of all the family members. 2. Letter of relinquishment from other claimants in the format of an affidavit as per Banks format. ” In terms of the said letter(s), the petitioner has submitted the document however the copy of the relinquishment in the format required by the Bank, from other claimants in the form of an affidavit could not be 4. furnished by the petitioner, since by then, the differences have taken place between the petitioner and the unofficial respondents 3 and 4. It is contended that though the unofficial respondents vide affidavit dated 03.02.2021, have stated that they have no objection for providing job to the petitioner herein, the 2"*^ respondent bank vide its letter dated 04.10.2021, has required the petitioner to submit the documents at S.No.1 & 2 mentioned therein as mandatory, however, provided further opportunity to the petitioner to request the branch that the said documents would be submitted at a later point of time. 5. The 2"'^ respondent filed counter affidavit stating that the petitioner herein did not submit the Letter of relinquishment /.e., Annexure IV A in the prescribed format of the Bank even though branch provided the sample format to the petitioner. The petitioner submitted a photocopy of affidavit relating to relinquishment dated 03.02.2021, an which is not as per was in process petitioner’s father in-law, who is dependent on his son Pentakota Bhargava Ramudu, sent protest letter dated 01.09.2021 requesting that the petitioner shall Bank’s prescribed format. While the application not be provided employment on compassionate grounds unless and until proper recourse for their livelihood is provided by the petitioner. It is further stated by the respondent Bank that the petitioner could have obtained the relinquishment in Bank’s format at the first instance when her good terms instead of preparing a relinquishment affidavit which is silent about necessary mandatory undertakings/declarations to be made in terms of Bank’s format. in laws were in 6. The respondents 3 and 4, the parents-in law of the petitioner filed counter affidavit stating that their son, who was married to the petitioner in 2019 died on 19.12.2020 on account of heart attack leaving behind his parents, wife and his 9 month old daughter Chi. Bhavishya Vani. It is stated that that after death of their son, they along with petitioner approached the bank authorities and requested for family benefits and other emoluments and nd accordingly, the 2 respondent settled the same and requested the 2 respondent to provide job on compassionate grounds to the petitioner in. nd 4 Thereafter, the petitioner started quarreling with them and she left their home along with their granddaughter and did not even allow them to see and meet their grandchild. As a precondition for her appointment in the bank, the petitioner should transfer the benefits and other assets of their deceased in favor of their minor granddaughter towards her future son monetary security. It IS contended that the petitioner submitted an application for compassionate appointment, on the basis of fabricated No Objection affidavit alleged to have been given by them. And that they were completely dependent on their deceased son for their livelihood. 7. The petitioner filed rejoinder to the counter affidavit stating that during the lifetime of the deceased, he had taken an insurance policy for a sum of Rs.45,00,000/-, keeping the petitioner as a nominee and another policy in the name his mother, the unofficial respondent No.4 herein, for a sum of Rs.5,00,000/-. On his death, the petitioner had received the under the insurance policy of Rs.45,00,000/-. However, the deceased’s parents /.e., the unofficial respondents have got the entire death benefits and the sum under the insurance policy of Rs.5,00,000/-. She has further stated in her affidavit that if the respondent bank provides job to her, she would abide by her sworn statement, to look after the family members of the deceased i.e., respondents 3 & 4. amounts 8. Considered the rival submissions. 5 0 The purpose of obtaining no objection from all claimants in cases 9. of compassionate appointments is to act in the best interests of the deceased employee's family members. However, this does not mean that every surviving family member must provide no objection regardless of age. Instead, no objection should be sought from those family members, who are eligible for appointment if the opportunity arises. In the present case, the only claimants for the employment on 10. compassionate appointment are the petitioner and parents of the deceased employee. The parents are not any way claiming employment, whose interests would be protected if some portion of the salary is provided to them to meet their monthly household and medical needs. Therefore, this Court deems it appropriate to dispose of the Writ Petition with the following directions. (1) The 1®* and respondents shall consider and process the application of the petitioner for compassionate appointment in accordance with law however, without insisting upon furnishing of no objection affidavit from the parents-in-law, i.e. the respondents 4 and 5 herein. (2) Upon such consideration of the application of the petitioner, if the bank authorities provide the petitioner with employment, the petitioner shall take sufficient measures to provide for the monthly maintenance of her parents-in-law, i.e. the 4'*^ and respondents, from out of her salary. 6 The Writ Petition is disposed of with the above directions. There shall be no order as to costs. 11. As a sequel, interlocutory applications, pending if any, shall stand closed. Sd/- J SAROJA ASSISTANT,REGISTRAR //TRUE COPY// SECq^ OFFICER To, 1. The General Manager, UCO Bank, Head Office-ll, DD 3 & 4, Sector-1, Salt Lake, Kolkata-700064 2. The Manager, UCO Bank, D.No.6-4-96, Opposite Bajaj Auto Show Room, Ashok Nagar, Amalapuram, East Godavari District 533201 3. One CC to SRI G VENKATA SUBBA RAJU Advocate [OPUC] 4. One CC to SRI P RAJASEKHAR Advocate [OPUC] 5. One CC to SRI E SAMBASIVA PRATAP Advocate [OPUC] 6. Three CD Copies HIGH COURT DATED:05/05/2025 ORDER WP.No.1628 of 2022 THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS