MOHAMED ANWAR, J. ( 1 ) HEARD both sides. ( 2 ) PETITIONER herein is admittedly the brother of deceased Shek- haraiah S. Mulagundamath who was working as a clerk in the respondent-Bank when he died in harness on 26-10-1995 leaving behind his wife and a minor son aged about one and a half years. It is not in dispute that the deceased died of the pernicious disease of AIDS and that his wife Smt. Iravva also suffers from this deadly disease. Therefore, during his lifetime, the deceased himself had given his representation as per Annexure-A, dated 8-10-1995 to respondent-Bank stating that because of his said fatal ailment, he was sure to die at any moment and in the event of his death, his brother/petitioner may be employed on compassionate ground so that he could support his wife ailing with the disease of AIDS, and his minor son. It was submitted by the learned Counsel for petitioner that a representation dated 24-11- 1997 was also submitted by the petitioner to respondent-Bank for consideration of his employment in the Bank on compassionate ground on account of death of his deceased brother S. S. Mulagundamath as the latter's wife and child have become destitutes and are living in penury, and that petitioner was willing and ready to support them out of his income from the said appointment. Admittedly, the. aforestated representations of the deceased employee, his wife and of his brother were not at all considered by the respondent-Bank. ( 3 ) IN the counter filed for respondent, it was contended that according to the relevant rules governing appointment on compassionate ground of the relative of an employee who dies in harness, it is only the wife, daughter or son of the employee who could seek such an appointment and not the brother of the deceased employee. ( 4 ) ALONG with the respondent's counter, Ex. R. 1, the Central Government's"scheme for appointment of dependents of deceased employees on compassionate grounds in Regional Rural Banks" bearing No. F. 7 (12)/82-RRB, dated 5-7-1962 is also produced. Admittedly, respondent is a rural Bank coming under the said scheme. The relevant Regulation of this scheme dealing with appointment on compassionate grounds of relative of the employee who dies in harness is quoted below: 3. Appointment under the Scheme. The Bank may, at its discretion appoint in the Bank, in any of the posts mentioned hereunder. Admittedly, respondent is a rural Bank coming under the said scheme. The relevant Regulation of this scheme dealing with appointment on compassionate grounds of relative of the employee who dies in harness is quoted below: 3. Appointment under the Scheme. The Bank may, at its discretion appoint in the Bank, in any of the posts mentioned hereunder. the widow or a son or daughter of a deceased employee of the Bank or a near relative nominated by the widow on whom she will be wholly dependent and who would give in writing that he or she would look after the family of the deceased employee, if the widow or son or daughter or a near relative as the case may be fulfils the criteria for appointment under the scheme. Where the deceased employee was a widower or a bachelor, the Bank may exercise its discretion in this regard, by making enquiries of the next elder in the family. The appointment under this scheme shall be made in clerical and subordinate cadres which is as under: (i) Junior Clerk-cum-Cashier; (ii) Junior Clerk-cum-Typist; (iii) Steno-Junior Grade; (iv) Driver; (v) Sweeper/messenger". ( 5 ) THE aforequoted relevant rule makes it clear that not only the widow or son or daughter of the deceased employee of the Bank who could seek appointment on compassionate ground, but also "the near relative nominated by the widow on whom she will be wholly dependent and who would give in writing that he or she would look after the family of the deceased employee" could as well seek his appointment on compassionate ground. This rule clearly displaces the contention raised for respondents in their counter that any such relative of the deceased apart from his widow or son or daughter would not be entitled to seek appointment on the death of that employee. ( 6 ) THE Supreme Court in its decision rendered in Umesh Kumar nagpal v State of Haryana1, has made the following pertinent observas in this regard:". . . As a rule, appointments in the public services should be made strictly on the basis of open invitation of applications and merit. However, to this general rule, there are some exceptions carved out in the interest of justice and one such exception is in favour of the dependents of an employee dying in harness and leaving his family in penury and without any means of livelihood. However, to this general rule, there are some exceptions carved out in the interest of justice and one such exception is in favour of the dependents of an employee dying in harness and leaving his family in penury and without any means of livelihood. . . The Government or the public authority concerned has to examine the financial condition of the family of the deceased, and it is only if it is satisfied that but for the provision of employment, the family will not be able to meet the crisis that a job is to be offered to the eligible member of the family. The posts in Classes III and IV are the lowest posts in non-manual and manual categories and hence they alone can be offered on compassionate grounds. . . . "therefore, in view of the aforementioned relevant rule and the aforestated guiding principles laid down by the Supreme Court, it transpires that, in the facts and circumstances, the petitioner was an eligible candidate to seek his appointment in the respondent-Bank on compassionate ground on account of the death of deceased S. S. Mulagundamath. In that view of the matter, the respondent-Bank was bound to consider the representation of petitioner for his employment against any suitable post in Class in or Class IV category of its establishment. The petition, therefore, deserves to be allowed directing the respondents to consider the petitioner's said representation. ( 7 ) HENCE, the petition is allowed in part. Respondents are directed to consider the application/representation of petitioner given for employment on compassionate ground on account of the death of its deceased employee S. S. Mulagundamath, in the light of the observations made herein above and in the light of the aforequoted relevant rule and the guidelines laid down by the Supreme Court in its decision in Umesh kumar Nagpal's case, supra. The matter shall be considered and disposed off by the respondents within one month from the date of communication of this order. --- *** --- .