IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1178 of 2010 Abhimanyu Kumar S/o. Late Raju Kumar Pandey R/o Moh Chhawani Chauk, Near Churia Mata Mandir, P.O.Bettiah, P.S. Manupul Bettiah, Distt-West Champaran, Bettiah Petitioner Versus 1. The Union of India , Ministry Of Finance , Home Affair, New Delhi 2. The Central Bank Of India through Its Managing Director Chandramukhi, Nariman Point, Mumbai 3. The General Manager, HRD Department , Central Bank of India, Central Office, Chandramukhi, Nariman Point, Mumbai 4. The Zonal Manager, Central Bank Of India Bhagwanpur Choak, Muzaffarpur, Pawa Puri Complex, Muzaffarpur 5. The Regional Manager, Central Bank Of India Balua Tand, Motihari 6. The Branch Manager, Central Bank Of India Bettiah Branch, Bettiah, West Champaran Respondents. ------- 02 05.07.2011 Heard Mr.Yogesh Chandra Verma, for the appellant. 2. This Appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna arises out of order dated 30.04.2010, passed by a learned single Judge of this Court in CWJC No.7306 of 2010 (Abhimanyu Kumar Vrs. The Union of India and ors.), whereby the writ petition has been dismissed and it has been held that the respondent Bank has rightly decided to decline the benefit of appointment on compassionate ground to the writ petitioner. 3. We have perused the materials on record and submissions of the learned counsel for the appellant. It appears to us that the appellant’s father, who was in the service of the respondent bank, died on 08.07.2009 while still in harness. The appellant filed an application before the bank to appoint him on compassionate ground. The same has been 2 declined on the ground that the scheme for appointment on compassionate ground has undergone a fundamental change with the notification dated 16.2.2006, whereby the same has been dispensed with, and has been substituted by ex-gratia payment. It appears to us that the petitioner’s case is covered by notification dated 16.2.2006, because his father died at a later date i.e. on 8.7.2009, by which time notification was already in force. In that view of the matter, the Bank has rightly called upon the appellant to submit papers for payment of ex- gratia amount. We entirely agree with the action taken by the bank. 4. We do not find any merit in this appeal which is accordingly dismissed. psc ( S.K.Katriar,J. ) ( Vikash Jain, J. )