K USHA Vs. INDIAN BANK

JUDGEMENT

(1.) THE prayer in the writ petition is as follows:

(2.) THE petitioner's husband one Balakrishnan was working as a clerk in the Head Office of the Bank of Thanjavur Ltd., Thanjavur and unfortunately he died on 25. 3. 1989 after having put in 20 years of service in that Bank leaving behind him, the petitioner, (his wife) and a daughter. THE Bank of Thanjavur got amalgamated with the first respondent-Bank. In the erstwhile Bank of Thanjavur Limited employment was given to the dependant of an employee who died in harness. Accordingly, the petitioner made an application on 12. 4. 1989 for appointment on compassionate grounds to the Chairman of the Bank of Thanjavur Limited even before the amalgamation. Having passed S.S.L.C. Examination, the petitioner was 40 years old at that time. When the application was pending, the Bank of Thanjavur Limited got amalgamated with the first respondent on 20. 2. 1990. Hence, the petitioner renewed her request with the first respondent-Bank by a letter dated 7. 6. 1990 and the first respondent by a reply dated 10. 4. 1991 rejected the request of the petitioner on the ground that the husband of the petitioner expired long before the amalgamation of the erstwhile Bank of Thanjavur Ltd., with the first respondent-Bank and as such, the petitioner is not eligible for appointment on compassionate grounds. However, the petitioner sent a reminder on 19. 4. 1991 followed by a notice of the counsel dated 27. 4. 1991; but the first respondent sent a reply dated7. 5. 1991 rejecting her request on the ground that her husband died while he was employed in the erstwhile Bank of Thanjavur Limited. At this stage, the petitioner has come up before this Court with the above said prayer.

(3.) ORIGINALLY only the Indian Bank alone was the respondent and when the matter came up for admission, the petitioner was directed to take notice to Indian Bank and it was adjourned by one week to implead the Reserve Bank of India, Bombay. Accordingly, in W.M.P.No.14135 of 1991, the Reserve Bank of India, Bombay has been impleaded and ranked as the second respondent in the proceedings.