Honble VYAS, J.—By way of filing the present writ petition, the petitioner has prayed for quashing the order dated 5.3.2004 (Annexure-4) and prayed that a direction may be issued to the respondents to provide appointment to the petitioner on compassionate ground from the date when the dependents of other deceased employees of the respondent Bank were provided appointment.

2. Brief facts of the case are that the father of the petitioner late Abdul Aziz Bhati was working as clerk-cum-cashier in State Bank of Bikaner & Jaipur. He expired on 1.5.2003 while in service due to heart failure. The petitioner has placed on record the death certificate as Annexure-1.

3. Late Abdul Aziz left behind him his wife Shahida and three other children including the petitioner. After his death, it became very difficult for the family members of deceased to survive, therefore, an application was moved by the petitioner being elder son of deceased employee for providing appointment on compassionate ground. The said application was filed by him in proper performa along with required documents within time prescribed for filing such application from the date of death. The petitioner is possessing senior higher secondary qualification. Other family members including wife of late Abdul Aziz also gave their consent to provide appointment to the petitioner on compassionate ground.

4. As per the facts of the case, the family of the deceased Bank employee was allowed pension of Rs.3669/- per month and amount was released under the head of gratuity, P.F. and other welfare funds amounting to Rs.2,63,415/- but the same was adjusted towards the bank loans taken by the father of the petitioner. Further, it is stated by the petitioner that the amount of Rs.14,158 was transferred to the Bank account of his mother and amount of Rs.1,71,274/- received under the Heads of L.I.C., was paid to the deceased family of late Abdul Aziz.

5. The contention of the petitioner is that amount received under the Head of L.I.C. was also paid towards the other personal loans taken from the relatives and neighbours and affidavit was also filed along with application for providing appointment on compassionate ground. Therefore, as per the petitioners contention, the family of deceased Abdul Aziz in which the petitioner is also one of the member is getting only pension of Rs.3669/-, which is not sufficient for surviving their livelihood. Therefore, the petitioner made several requests for providing appointment on compassionate ground as per the policy laid down by the respondent-Bank. In support of contention of adjustment of the amount of retiral benefits, the petitioner has placed on record Annexure-3 dated 17.7.2003.

6. The application filed by the petitioner for providing appointment on compassionate ground was rejected by the respondents vide letter dated 5.3.2004 on the ground that the amount received under the Head of terminal benefits and family pension is sufficient for the maintenance of the family of the deceased. Therefore, it is observed that the terminal benefits have also been paid, therefore, as per the scheme of the Bank, the petitioner is not entitled for providing compassionate appointment.

7. After rejection of the application, representations dated 25.3.2004 and 14.12.2004 were filed by the petitioner in which it was specifically mentioned that the terminal benefits paid to the family have already been adjusted towards loan amount, therefore, the denial of appointment is totally illegal but it has come to the knowledge of the petitioner that as many as 18 dependents of deceased employees working in the various Branches of the respondent Bank were providing appointment on compassionate ground in between the period from April, 2004 to March, 2005, therefore, the petitioners case was to be considered at part with those persons who were provided appointment on compassionate ground but on illegal grounds, the rightful claim of the petitioner has been rejected, therefore, as pe

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