IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6943 of 2010 RAJESH KUMAR RAM S/o Late Saukhi Ram, R/o Village- Narktia, Post Babhan Gama, District Sitamadhi, Bihar Versus 1. THE STATE OF BIHAR through the Secretary Finance Department, Bihar, Patna 2. General Manager, Uttar Bihar Kshetriya Gramin Bank, Head Office Kalambag Chowk Muzaffarpur 3. Chairman, Uttar Bihar Kshetriya Gramin Bank, Head Office Kalambag Chowk Muzaffarpur 4. General Manager (Personal) Vaishali Kshetriya Gramin Bank, Head Office Kalambag Chowk Muzaffarpur ----------- 02/ 23.04.2010 Heard learned counsel for the parties. 2. Petitioner is the son of Late Saukhi Ram, who died on 19.10.2005 while serving as Branch Manager of Athari Branch of Vaishali Kshetriya Gramin Bank, which has since merged with Uttar Bihar Kshetriya Gramin Bank. The death certificate is contained in Annexure-2. After the death of his father, mother of the petitioner requested the Chairman of the Vaishali Kshetriya Gramin Bank under request letter dated 2.1.2006, Annexure-3 to consider the case of her son for appointment on compassionate ground, which was rejected by the General Manager of the Uttar Bihar Kshetriya Gramin Bank under letter no. 820 dated 30.8.2006, Annexure-4 to this application directing the mother of the petitioner to accept ex gratia amount in lieu of appointment on compassionate ground. 3. It is submitted on behalf of the 2 petitioner that on the date of death of his father i.e. 19.10.2005 as also on the date of application i.e. 2.1.2006, the scheme for compassionate appointment was in vogue and as per the contents of the scheme, his case should have been considered for such appointment, but the authorities erroneously rejected the same asking the mother of the petitioner to accept ex gratia amount in lieu of compassionate appointment under letter no. 820 dated 30.8.2006, Annexure-4. 4. Having heard counsel for the petitioner and the Bank, I am of the view that on the date of death of the father of the petitioner i.e. 19.10.2005 as also on the date of application i.e. 2.1.2006, the scheme for compassionate appointment was available for the dependents of the employees of the Bank dying in harness. In the circumstances, petitioner's case was required to have been considered for such appointment in the light of the scheme and could not have been kept pending for payment of the ex gratia amount. 5. Accordingly, instruction of the Bank not to consider the case of the petitioner for compassionate appointment contained in letter no. 820 dated 30.8.2006, Annexure-4 is quashed and it is directed that Bank should consider the case of the petitioner for compassionate appointment in the light of the orders 3 of this Court dated 8.4.2009, 25.1.2010 and 11.1.2010, passed in C.W.J.C. Nos. 13198 of 2007, 18122 of 2009 and 17532 of 2009 respectively, as contained in Annexure-5 to this application. 6. The writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)