IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17475 of 2009 1. CHANDRA MOHAN MISHRA S/O LATE BHOGENDRA KUMAR R/V- RASHIWARI, P.S.- DISTT.- DARBHANGA Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY FINANCE BANKING DIVISION, NEW DELHI 2. THE UTTAR BIHAR GRAMIN BANK KALAM BAGH CHOWK, MUZAFFARPUR THROUGH CHAIRMAN 3. THE REGIONAL OFFICE, UTTAR BIHAR GRAMIN BANK THROUGH THE REGIONAL MANAGER DARBHANGA (THE THEN MITHILA KSHETRIAYA GRAMIN BANK, DARBHANGA) 4. THE CHAIRMAN UTTAR BIHAR GRAMIN BANK, MUZAFFARPUR 5. THE BOARD OF DIRECTORS UTTAR BIHAR GRAMIN BANK, MUZAFFARPUR 6. THE GENERAL MANAGER UTTAR BIHAR GRAMIN BANK, MUZAFFARPUR 7. THE CHIEF GENERAL MANAGER, NABARD CENTRAL OFFICE, MUMBAI ----------- 02/ 04.01.2010 Heard learned counsel for the parties. 2. Petitioner is the son of Late Bhogendra Kumar, who died on 14.8.2005 while serving as Sweeper-cum- Messenger in the Mithila Kshtriaya Gramin Bank, which has now become Uttar Bihar Gramin Bank. After the death of Bhogendra Kumar, petitioner applied for appointment on compassionate ground, but his case is not being considered for such appointment in the light of the circular dated 9.6.2006, which inter alia provides for payment of ex gratia amount in lieu of compassionate appointment. 3. It is submitted on behalf of the petitioner that the circular letter dated 9.6.2006 is not applicable to the case of the petitioner as on the date of death of his father i.e. 14.8.2005, said circular was not in existence and it is well established that 2 circular cannot be issued with retrospective effect taking away vested rights. 4. I see substance in the submission of the learned counsel for the petitioner that the circular of the bank dated 9.6.2006 cannot have retrospective application. Accordingly, I direct the competent authority of the Bank to consider the case of the petitioner for appointment on compassionate ground provided the Bank is satisfied that his father was a regular employee who died on 14.8.2005, much before coming into existence of the circular dated 9.6.2006. 5. Appropriate order in this regard be passed as early as possible, in any case within three months from the date of receipt/ production of a copy of this order. 6. This writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)