IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19443 of 2011 Neeraj Kumar Jha S/O Late Dhaneshwar Jha Residing At Village Shahpur, Post - Ojhaul, Police Station - Bahadurpur, District – Darbhanga …Petitioner Versus 1. The State Of Bihar, through Chief Secretary, Government of Bihar, Patna 2. Uttar Bihar Gramin Bank Represented through its Chairman, Head Office - Kalambag Chauk, Sharma Complex, Muzaffarpur (Bihar) 3. The Chairman, Uttar Bihar Gramin Bank, Head Office Kalambag Chauk, Sharma Complex, Muzaffarpur (Bihar) …Respondents For the petitioner :Mr. Ajit Kumar & :Mr. Avinash Kumar For the Bank :Mr. Prabhakar Jha For the State :Mr. Shashank Shekhar Jha ----------- 02. 14.11.2011 Heard learned counsel for the petitioner and Mr. Jha, learned counsel for the Respondent-Uttar Bihar Gramin Bank (for short ‘the Bank’). Father of the petitioner was serving as Branch Manager of one of the branches of the Bank. A week before his scheduled date of retirement, he died on 23.11.2008 while serving the Bank in question. Petitioner made application for consideration of his case for appointment on compassionate ground. In the meanwhile, the Bank came out with new scheme for compassionate appointment/payment of ex gratia in lieu of compassionate appointment which was made effective from 1st September, 2008. There is no dispute that scheme is applicable to all pending matters. There was delay in consideration of his claim which propelled the petitioner to approach this Court in CWJC No. 19419461 of 2010. This Court, by a proceeding dated 13.12.2010, (Annexure-3) disposed of the matter directing the 2 Respondent-Bank to consider his claim in accordance with relevant scheme within specified period. The Respondent-Bank in the light of the aforesaid direction considered his case and by a communication dated 25.4.2011 (Annexure-5) informed the petitioner that his claim for appointment on compassionate ground has not been found acceptable in view of the amended scheme of the Bank. The said order is under challenge. Mr. Jha, ,learned counsel for the Bank, on instruction, states that by communication dated 25.4.2011 (Annexure-5) his claim for appointment on compassionate ground has been rejected. The matter concerning grant of ex gratia payment to the dependent(s) of the deceased employee in terms of the amended scheme/circular of the Bank is still under consideration. Mr. Jha further informs the Court that petitioner has already provided relevant information in prescribed proforma for consideration. Mr. Ajit Kumar, learned counsel for the petitioner submits that if that be so, then the Respondent-Bank be directed to take a final decision in accordance with law within a specified time/period since the petitioner’s case is hanging in balance since 2008. Relying on a Division Bench judgment of this Court dated 3.5.2011 passed in LPA No. 648 of 2010 (Uttar Bihar Gramin Bank through its Chairman & Ors. Vs. Chandra Mohan Mishra & Ors.), it is contended that since there is inordinate delay in disposal of his claim, the petitioner would also be entitled to a reasonable interest on the amount 3 ultimately found admissible to the petitioner under aforesaid amended scheme/circular. Having heard the parties and on perusal of materials on record, this Court is satisfied that present application be disposed of by the following order:- Let the Respondent-Bank consider the claim of the petitioner for grant of ex gratia payment in view of amended scheme/circular of the Bank dated 29th September, 2008 (Annexure-7A) and communicate the same to the petitioner within four weeks from the date of receipt/production of a copy of this order. If the decision ultimately taken in the matter entitles the petitioner for payment of ex gratia amount, the same shall also be released forthwith without further loss of time. hr ( Kishore K. Mandal )