Application for appointment on compassionate ground refused.

AR.Lakshmanan, J.

The writ appeal is preferred against the order dated 28. 1996 in W.P. No. 18785 of 1992, allowing the writ petition filed by the respondent and quashing the communication dated 212. 1989 of the Personnel Manager of the appellant bank expressing their inability to keep the offer of appointment open favouring the respondent on her attaining the age of majority, and directing the appellant to provide a suitable job to the respondent in any existing vacancy or any future vacancy as expeditiously as possible.

.2. In order to appreciate the controversy between the parties, the following facts require to be noticed. The respondent is the first daughter of late N.Narayana Pillai, who was working in the appellant bank. He died on 26. 1984 while in service. The respondent’s mother, who is working in the Fisheries Department, Government of Tamil Nadu, approached the appellant seeking a job on compassionate basis for the respondent. The respondent’s mother was intimated by the appellant by letter dated 19. 1984 that the respondent’s request for compassionate appointment will be kept open for her and that she may renew her application when she attains majority. At the relevant point of time, the respondent was a minor. The above letter was followed by another communication dated 11. 1985 in and by which the appellant bank wanted to know the name of the deceased employee’s daughter to whom appointment had to be offered on attaining the age of majority. The Personnel Manager of the appellant bank sent a communication dated 211. 1989 to the widow of the deceased employee informing her that on review of the case it was observed that since she is employed in the Fisheries Department of the Government of Tamil Nadu and having independant income, she was not a dependant of the deceased employee. By that communication intimation was solicited as to the nature of employment, name of the employer, monthly income and also the pay certificate from the employer in regard to the wife of the deceased for consideration of the appellant bank on 12. 1989. The wife of the deceased employee intimated the appellant that she is working in the Ministerial Services in the Department of Fisheries, Government of Tamil Nadu and that she does not own any movable or immovable properties either in her name or in the names of her daughters. It was further mentioned in that letter that neither the deceased employee nor her parents left any property. It was further stated that the emoluments drawn by her were not even sufficient to make both ends meet and that she was living with her old mother, two daughters and widowed aunt. In the light of the above representations, the widow of the deceased employee requested the appellant to provide a job to her daughter as assured in the bank’s communication dated 19. 1984.

3. On 212. 1989, the appellant bank sent a reply informing the widow of the deceased employee that on a careful consideration of the scheme, the competent authority had expressed its inability to keep the offer of appointment open favouring the daughter of the deceased employee on attaining the age of majority since the widow of the deceased employee is employed and is having independant income and that the minor children of the deceased employee, on the death of the employee, will have to be treated as the dependants of the widow of the deceased. Subsequent representation was made by the widow of the deceased employee and by the communications dated 211. 1990 and 7. 1991, the appellant bank expressed its inability for offering appointment to the daughter of the deceased employee on compassionate grounds.

4. Under the above circumstances, the respondent, who is the daughter of the deceased employee, filed W.P. No. 18785 of 1992 for the following relief: To issue a writ of certiorarified mandamus or any other appropriate writ, order or direction, calling for the records relating to the order HRDD. MPRDS 3779, dated 212. 1989, and th