IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.6271 of 2008 UDAY KUMAR SINGH, S/O LATE GULAB PRASAD SINGH,R/O VILLAGE KENDUA, P.O.-AKAUNA BAZAR, P.S MUFASIL, DISTRICT NAWADAH. .............Petitioner. Versus 1.THE STATE OF BIHAR THROUGH REGISTRAR COOPERATIVE SOCIETIES, BIHAR PATNA, NEW SECRETARIAT, PATNA. 2.DISTRICT MAGISTRATE, NAWADAH. 3.DISTRICT COOPERATIVE OFFICER, COOPERATIVE SOCIETIES, NAWADAH. 4.CHAIRMAN, THE NAWADAH CENTRAL COOPERATIVE BANK LTD, NAWADAH, OPPOSITE GANDHI SCHOOL, NADADAH. ............Respondent. --------------- 02 25-04-2011 Heard Mr. Sanjay Griyaghey counsel for the petitioner and the counsel for the Central Co-operative Bank Ltd. Though Mr. Griyaghey, learned counsel appearing on behalf of the petitioner had raised a number of issues in support of his claim of compassionate appointment of the petitioner but ultimately he had confined his submission for the present to the procedural requirement for such consideration of the case of the petitioner for his appointment on compassionate ground. He would in this regard submit that the father of the petitioner had died on 20.03.2003 and when an application was filed by the petitioner for his compassionate appointment on 17.04.2003, the said application in view of its remaining pending till 08.12.2005 having been not rejected by the Bank was required to be considered by a committee constituted under the order of the Secretary, Government Cooperative Department dated 08.12.2005. He would accordingly submit that the decision therefore, communicated by the District Cooperative Officer in his order dated 13.03.2004 cannot be treated to be closure of the chapter for consideration of the case of the petitioner for his appointment on compassionate ground. Counsel for the bank on the other hand would submit that as the bank was not in a sound financial condition and did not fulfil the requirement laid down in the Government circular dated 08.12.2005 which was by way of amending the earlier circular dated 04.06.1996 and 11.05.2001, the claim of the petitioner for appointment on compassionate ground could not have been processed further as for its being recommended to the committee for considering his appointment on compassionate ground. In the considered opinion of this Court, true it is that the authorities of the Bank had full right to take into account the financial condition of the bank while considering the claim of the petitioner for compassionate appointment but then if a certain procedure has been prescribed by the State Government for such consideration as is clear from the reading of the circular dated 08.12.2005, the same ought to have been followed even in the case of the petitioner by getting his case placed before the committee so nominated under the order of the Secretary of Cooperative Department. That being so, this Court would direct the Managing Director of the bank to place the case of the petitioner before the committee so nominated by the Secretary to the Cooperative Department in the circular dated 08.12.2005 within four weeks from the date of receipt/production of a copy of this order. It is also expected that the said committee on being approached by the Managing Director shall take its final decision in the matter of appointment of the petitioner on compassionate ground within a period of four months from the date of such reference would be made by the Managing Director of the Bank. Let it be made clear, that this Court has not expressed any opinion on the merits of the claim of the petitioner and has simply directed the authorities of the bank to abide by the circular dated 08.12.2005 and /or any other policy of the bank relating to compassionate appointment while considering the case of the petitioner. With the aforementioned observations and direction, this application is disposed of. Ranjan (Mihir Kumar Jha ,J)