PUSHPENDRA SINGH BHATI,J. - (1.) The petitioners have preferred this writ petition making the following prayers :- "(i) issuing an appropriate writ, order or direction and thereby quash and set aside the impugned action including the impugned orders Annex.7 and Annex.8 of the respondent Bank; (ii) issuing an appropriate writ, order or direction in the nature of writ of Mandamus or any other appropriate writ, the respondents be directed/commanded to give appointment on compassionate basis to the petitioner no. 2 upon the suitable post as per his educational qualification with effect from the date of his attaining the age of majority with all consequential benefits; (iii) The petitioners may also be allowed the cost of the writ petition. Any other appropriate order or direction which this Hon'ble Court deems fit and proper in favour of the petitioners may kindly be passed."
(2.) The facts as noticed by this court are that the petitioner no. 1 is the widow of Late Shri Krishna Lal Yadav who died while working under the employment of the respondent bank whereas petitioner no. 2 is the Son of both of them. Apart from this family, consisted of four unmarried sisters of petitioner no. 2 and the Grandmother of the petitioner no. 2. Late Shri Krishna Lal Yadav was a Substantive and Permanent Officer with the respondent bank and was working as Manager, Branch Office, Tapukada of the Punjab National Bank in the year 1995. Shri Krishna lal Yadav expired on 12.8.1996 while he was under employment of the respondent bank. The petitioner no. 1 requested the respondent to give compassionate appointment to her son (the petitioner no.2) in lieu of his husband's service as he had expired while in service. According to the request of the petitioner no. 1, the respondents informed the petitioner no. 2 vide communication dated 27.6.1997 signed by the respondent no. 4 that the head office of the branch shall inform the signatory with as per the provisions of scheme for compassionate appointment. The name of the petitioner no. 2 has been registered for giving appointment to him on compassionate ground on attaining the age of the majority. Thus, the name of the petitioner no. 2 was put in the zone of consideration by the respondents in accordance with the scheme for employment of dependents of the employees who died while in service of the bank on compassionate ground (hereinafter referred as scheme) dated 20.3.1997. The relevant portion of the scheme mentioned in clause 6 (B) is reproduced as follows :- "(6) Method of Appointment (a)......... (b) In case the dependent is a minor or does not possess suitable minimum qualification, his/her case can be considered at the discretion of the Bank within four years of the death of the employee to enable him/her to so qualify in terms of age and/or qualification provided that the dependent has made a request to the bank within one year of the death of the employee."
(3.) The relevant portion of the scheme as mentioned in clause 10 is also reproduced as follows :- "(10) Financial Condition of the Family:- The dependents of an employee dying in harness may be considered for compassionate appointment provided the family is without sufficient means of livelihood, specifically keeping in view the following: (a) Family Pension; (b) Gratuity amount received; (c) Employee's/Employer's contribution to PF; (d) Any compensation paid by the bank or its Welfare Fund; (e) Proceeds of LIC Policy and other investments of the deceased employee; (f) Income for family from other sources; (g) Employment of other family members; (h) Size of the Family and liabilities, if any, etc.;