( 1 ) THIS special appeal has been filed against the judgment of the learned single Judge dated july 17, 2001 by which he has dismissed the writ petition. Heard learned counsel for the parties.

( 2 ) THE father of the appellant was a gardener (Mali) in the service of the State Bank of India, Main Branch, Allahabad. He died, in harness on January 18, 1998. The appellant is. his son who had applied for appointment under the Dying in Harness Rules prevalent in the bank. By the order of the Chief General manager dated June 2, 2001 (copy of which is annexure-1 to the Special Appeal) his application was rejected.

( 3 ) A perusal of the order dated June 2, 2001 shows that the appellants application was rejected on the ground that his family does not appear to be in indigent circumstances as the family members of the deceased have received rs. 2. 69 lacs towards Provident Fund and gratuity, apart from family pension. They also own a house and two family members are earning members and only one daughter in the family is married.

( 4 ) AGAINST the aforesaid order, the writ petition was filed in which the impugned judgment was given. The learned single Judge has