THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.22546 OF 2008 DATED 21ST JANUARY, 2011 BETWEEN B.Venugopal … Petitioner And The Adilabad District Co-operative Central Bank, Adilabad, Rep. by its President and Others. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.22546 OF 2008 ORDER: The petitioner assails the action of the Adilabad District Co- operative Central Bank in not providing him compassionate appointment. The petitioner’s father worked as an Assistant Manager in the Adilabad District Co-operative Central Bank at its Jainath Branch and died in harness on 15.06.2005. The petitioner’s claim for compassionate appointment was rejected by the Bank under proceedings dated 12.09.2005 directing him to avail ex gratia in lieu of compassionate appointment in terms of G.O.Ms.No.36, Public Enterprises (III) Department, dated 05.09.2001. The petitioner thereafter submitted representation dated 23.07.2008 reiterating his request to be considered for compassionate appointment as per eligibility. Aggrieved by the inaction of the Bank in this regard, he filed the present writ petition. Smt.K.Udaya Sri, learned counsel for the petitioner, stated that the matter is squarely covered by the order of this Court dated 26.11.2009 in Writ Petition No.13024 of 2004 which was confirmed in appeal by Judgment dated 03.11.2010 in Writ Appeal No.86 of 2010 subject to certain modifications. By the order dated 26.11.2009 in Writ Petition No.13024 of 2004, the Co-operative Central Banks were directed to consider cases of dependants of the deceased employees of District Co-operative Central Banks whose death had occurred on or after 23.02.2007. In appeal, the above direction was modified to the extent of doing away with the time stipulation as to the date of death of the employee and holding that dependants who would have applied but for the impugned circulars banning compassionate appointment, should be eligible for consideration for appointment on compassionate grounds. The Division Bench further held that G.O.Ms.No.36 dated 05.09.2001 was inapplicable to District Co-operative Central Banks. The Division Bench however made it clear that those who had already availed ex gratia as per G.O.Ms.No.36 dated 05.09.2001 would not be eligible for consideration for compassionate appointment. In the present case, the petitioner admittedly did not avail the ex gratia offered to him under the order dated 12.09.2005. Further, in the light of the modified order passed in Writ Appeal No.86 of 2010, the petitioner would be entitled to have his case considered for compassionate appointment notwithstanding the date of death of his father. The impugned proceeding dated 12.09.2005 is accordingly set aside. There shall be a consequential direction to the respondents to consider the case of the petitioner for compassionate appointment as per his eligibility in terms of the Judgment dated 03.11.2010 in Writ Appeal No.86 of 2010. This exercise shall be completed within two (2) months from the date of receipt of a copy of this order. The Writ Petition is allowed. There shall be no order as to costs. ____________________ SANJAY KUMAR, J. 21ST JANUARY, 2011. VGSR/PGS