IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4585 of 2010 1. AJAY KUMAR S/O LATE AVINASH KUMAR R/O VILL. + MOH.- BHAWANIPUR ZIRAT NEAR SHRI KRISHNA SINGH WOMENS COLLEGE, P.S.- CHHATAUNI, P.O.- MOTIHARI, DISTT.- EAST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE MANAGING DIRECTOR BIHAR RAJYA POOL NIRMAN NIGAM LTD. BIHAR, PATNA- 7, SARDAR PATEL MARG, PATNA - 15 3. THE SENIOR PROJECT ENGINEER BIHAR RAJYA POOL NIRMAN NIGAM LTD. WORK DIVISION, MUZAFFARPUR 4. THE BIHAR RAJYA POOL NIRMAN NIGAM LTD. 7 SARDAR PATEL MARG, PATNA -15, REPRESENTED THROUGH ITS MANAGING DIRECTOR BIHAR RAJYA POOL NIRMAN NIGAM LTD. 7 SARDAR PATEL MARG, PATNA - 15 ----------- 02/ 25.03.2010 Heard learned counsel for the petitioner and the Bihar State Bridge Construction Corporation (hereinafter referred to as the Corporation). 2. Petitioner has filed the writ application for a direction to the authorities of the Corporation to consider his request for compassionate appointment as his father died on 29.9.2007 while serving the Corporation on the post of Khalasi. Soon after the death of the father of the petitioner, petitioner applied for such appointment and the representation appears to have been forwarded to the Managing Director of the Corporation, which is evident from the information given to the petitioner under letter no. 896 dated 30.9.2009, Annexure-1, but the same is not being considered in view of the decision of the Board of Directors of the Corporation taken in its 141st meeting not to grant compassionate appointment and to pay ex gratia amount to the dependents of the deceased employee in lieu of 2 compassionate appointment. 3. It is submitted on behalf of the petitioner that father of the petitioner died prior to the resolution of the Board of Directors of the Corporation taken in its 141st meeting and such decision cannot have retrospective effect. 4. Having heard counsel for the parties, I direct the Corporation authorities to consider the case of the petitioner for grant of compassionate appointment in accordance with law. In the event before the death of father of the petitioner on 29.9.2007, the Board of Directors of the Corporation had resolved in its 141st meeting not to grant compassionate appointment and to pay ex gratia amount, petitioner's prayer for grant of compassionate appointment cannot be considered, but in the event 141st resolution of the Board of Directors of the Corporation has been taken after 29.9.2007, petitioner's prayer for grant of compassionate appointment has to be considered by passing a reasoned order, as early as possible, in any case within one month from the date of receipt/ production of a copy of this order. 5. The writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)