1. - Instant petition has been filed by petitioner seeking compassionate appointment in terms of policy under Circular dated 11.3.1997 (Ann. R.1) of respondent Bank.

2. Bhanwar Lai, father of petitioner while working as Special Assistant (Clerical) in State Bank of Bikaner & Jaipur, Branch, Malpura (Tonk) (respondent No. 2) died on 16.7.2000 leaving behind his dependent family consisting of old aged mother, wife, two sons including petitioner aged 24 years & 16 years, besides two daughters aged 21 & 18 years; having no other bread-winner in their family. As a consequence of untimely death of their bread-winner, all six members of bereaved family were put to a stage of penury & destitution, on being reduced in harness besides causing financial crisis & crunch, being eldest son and holding academic qualification of B.Sc., & Diploma in Computer, applied for compassionate appointment immediately on 8.8.2000 (Ann. 1) duly submitted in prescribed format dated 22.9.2000 (Ann. 2) to the competent authority for consideration in terms of policy framed by respondent-Bank under Circular dated 11.3.1997 (Ann. R.1) and recommended by Branch Manager, Malpura (Tonk) where his father before death was posted, as is evident from letter dated 13.3.2001 (Ann. 3) - in response to which, respondent Bank called upon petitioner vide letter dated 30.4.2001 (Ann. 4) to make certain corrections in his application about figures of amount of pension & bank loans, which were duly complied with where no action was taken on his application considering for compassionate appointment, Ratan Devi, mother of petitioner sent application dated 23.2.2004 (Ann. 5) which was again duly forwarded by Branch Manager (respondent No. 2) recommending his case being of a genuine hardship to the bereaved family vide letter dated 23.2.2004 (Ann. 6) addressed to the respondent No. 1.

3. Unfortunately grand mother of petitioner also later on expired and his sisters also became of marriageable age and when no intimation either way was received from the respondent-Bank even after his representation dated 19.4.2005 (Ann. 7), and after legal notice served (Ann. 8) dated 8.8.2005, petitioner approached this Court by way of instant petition.

4. Notices were issued vide order dated 20.7.2006 and served upon respondents as per office report dated 16.10.2006 - as per which power on behalf of respondents-Bank was filed on 22.8.2006; while after a lapse of almost two & half years, reply was filed on 16.2.2009 while the matter was taken up after several adjournments.

5. In reply, respondents-Bank inter alia averred that in view of certain judgments of Apex Court, compassionate appointment can be considered taking note of financial condition of the bereaved family. It has also been averred that the Bank considered financial status of the bereaved family of the deceased as per Scheme/Circular (Ann. R.1) and after due consideration, case of petitioner for compassionate appointment was rejected by Bank upon having found him not eligible. It is significant to mention here that nothing has been placed on record by which it can be inferred that case of petitioner was ever considered and on what premise, he was found to be ineligible for compassionate appointment under Scheme/Circular (Ann. R.1).

6. I have considered rival contentions of Counsel for the parties and with their assistance, examined material on record. It is indeed a rule that appointment in public services have to be made strictly through invitation of applications and by open competition in consonance with An. 14 & 16 of the Constitution of India but, as every rule can have exceptions, which have been evolved to meet out contingency, and as per one such exception, relief is provided to the bereaved family of a deceased employee by accommodating one of his dependents in the family against suitable posts in accordance with relevant service Rules or administrative instructions or Scheme, as the case may be, after taking note of fina