GIRISH Vs. CHAIRMAN MALAPRABHA GRAMEENA BANK

JUDGEMENT

(1.) HEARD both sides.

(2.) PETITIONER herein is admittedly the brother of deceased Shek-haraiah S. Mulagundamath who was working as a clerk in the respondent-Bank when he died in harness on 26-10-1995 leaving behind his wife and a minor son aged about one and a half years. It is not in dispute that the deceased died of the pernicious disease of AIDS and that his wife Smt. Iravva also suffers from this deadly disease. Therefore, during his lifetime, the deceased himself had given his representation as per Annexure-A, dated 8-10-1995 to respondent-Bank stating that because of his said fatal ailment, he was sure to die at any moment and in the event of his death, his brother/petitioner may be employed on compassionate ground so that he could support his wife ailing with the disease of AIDS, and his minor son. It was submitted by the learned Counsel for petitioner that a representation dated 24-11-1997 was also submitted by the petitioner to respondent-Bank for consideration of his employment in the Bank on compassionate ground on account of death of his deceased brother S. S. Mulagundamath as the latter's wife and child have become destitutes and are living in penury, and that petitioner was willing and ready to support them out of his income from the said appointment. Admittedly, the. aforestated representations of the deceased employee, his wife and of his brother were not at all considered by the respondent-Bank.

(3.) IN the counter filed for respondent, it was contended that according to the relevant rules governing appointment on compassionate ground of the relative of an employee who dies in harness, it is only the wife, daughter or son of the employee who could seek such an appointment and not the brother of the deceased employee.