IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18122 of 2009 1. MANOJ KUMAR S/O LATE HARI MAHTO R/O VILL.- MALINAGAR, P.S.- CHAKMEHSI, DISTT.- SAMASTIPUR Versus 1. THE STATE OF BIHAR 2. GENERAL MANAGER, UTTAR BIHAR KSHETRIYA GRAMIN BANK, HEAD OFFICE- KALAMBAGH CHOWK, MUZAFFARPUR-842001 3. CHAIRMAN, UTTAR BIHAR KSHETRIYA GRAMIN BANK, HEAD OFFICE- KALAMBAGH CHOWK, MUZAFFARPUR 4. GENERAL MANAGER (PERSONAL), VAISHALI KSHETRIYA GRAMIN BANK, HEAD OFFICE- KALAMBAGH CHOWK, MUZAFFARPUR-842001 5. BRANCH MANAGER, UTTAR BIHAR KSHETRIYA GRAMIN BANK, HEAD OFFICE- KALAMBAGH CHOWK, MUZAFFARPUR-842001 ----------- For the Petitioner :Mr. Baban Roy, Advocate For the Respondent- Bank :Mr. Vedasen, Advocate 04/ 25.01.2010 Learned counsel for the petitioner has filed rejoinder affidavit, which is taken on record. 2. Heard learned counsel for the parties. 3. Father of the petitioner served Vaishali Regional Rural Bank, Head Office, Kalambagh Chowk, Muzaffarpur and while serving as such, he left for heavenly abode on 11.5.2005. Petitioner thereafter applied for appointment on compassionate ground vide his application dated 11.2.2006, Annexure-3. The application is not being considered by the Bank as the General Manager of the Uttar Bihar Kshetriya Gramin Bank under letter dated 30.8.2006, Annexure-6 has 2 called upon the mother of the petitioner to submit application for grant of ex gratia payment. Petitioner is aggrieved by the instructions of the Bank contained in letter dated 30.8.2006, Annexure-6. 4. It is submitted on behalf of the petitioner that on the date of death of his father, the scheme for compassionate appointment was applicable for the wards of the employees who died in harness while serving the Bank and the direction of the General Manager to submit application for grant of ex gratia payment under letter dated 30.8.2006, Annexure-6 is wholly erroneous and this Court should quash the same with direction to the Bank to consider his case for appointment on compassionate ground. 5. Counsel for the Bank has opposed the aforesaid prayer. He states that the Bank is governed by the instructions issued by the Government of India as also the sponsor bank and under letter dated 28.7.2006, the Deputy General Manager of the sponsor/ Central Bank instructed all the Regional Rural Banks to consider the pending applications for grant of 3 compassionate appointment in the light of the Model Scheme, which has been formulated by the Union of India for payment of ex gratia amount in lieu of appointment on compassionate ground. In this connection reference is made to the following paragraph of the letter dated 28.7.2006: “The effective date for implementation of the scheme will be the date on which the Board of the individual RRB approves the same. As indicated in para 13 of the model scheme, all application for compassionate appointment/ grant of lump sum financial relief, if any, pending as on date will be dealt with in accordance with the above scheme. A copy of the board resolution of your RRB be sent to us immediately after the Board Meeting for our information and record.” 6. The substance of the aforesaid instructions contained in letter dated 28.7.2006 is that the Bank in obedience of the instructions of the Government of India and the sponsor Bank shall consider the pending applications in the light of the instructions of the Government of India contained in letter dated 9.6.2006, which, inter alia, provide for payment of ex gratia 4 amount in lieu of appointment on compassionate ground. 7. I regret not to accept the aforesaid contention raised on behalf of the Bank, as it is well established that the executive instructions can have only prospective application. Father of the petitioner died on 11.5.2005 and his application for appointment on compassionate ground was filed on 11.2.2006. On both the dates, the instructions of the Government of India contained in letter dated 9.6.2006 was not in existence, as such, the case of the petitioner for compassionate appointment cannot be considered in the light of the instructions of the Government of India contained in letter dated 9.6.2006, rather, his case is required to be considered in the light of the instructions, which was holding the field on the date of death of his father i.e. 11.5.2005. 8. Accordingly, I direct the Bank to consider the case of the petitioner for appointment on compassionate ground in the light of the circular, which was holding the field on 11.5.2005 and pass 5 appropriate orders in accordance with law, as early as possible, in any case within four months from the date of receipt/ production of a copy of this order and instructions to the contrary issued by the General Manager contained in letter dated 30.8.2006, Annexure-6 is quashed. Arjun/ ( V.N. Sinha, J.)