IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14308 of 2006 Shatrughan Kumar Yadav, son of late Kaushal Kumar Yadav, Resident of Village Mehsaul, P.O. Mehsaul, P.S. Sitamarhi, District Sitamarhi. --------- Petitioner Versus 1. The State of Bihar. 2. The Secretary, Co-operative Department, Govt. of Bihar, Patna. 3. The Registrar, Co-operative Societies, Bihar, Patna. 4. The Bihar State Co-operative Bank Limited, Ashok Raj Path, Patna through its Administrator. 5. The Managing Director, Sitamarhi, Central Co-operative Bank Limited, Dumara Sitamarhi Court, P.O. Sitamarhi Court, District Sitamarhi. -------- Respondents -------- 4 29.03.2011 Having heard learned counsel for the parties and taking into account that the claim of the petitioner for his being appointed on compassionate ground is based on his father's employment of Primary Agriculture Co-operative Society (PACS), this Court must hold that when such society itself no longer exists and/or has become defunct and is not paying salary even to its existing employees, the impugned decision taken denying the petitioner appointment on compassionate ground can neither be faulted on facts nor in law. It is well settled by now that the financial condition of the employer will be first pre-dominant condition for making appointment on compassionate ground inasmuch as if the employer itself is 2 not in existence or has almost become defunct, there would be no question for appointing the dependent of its employee on compassionate ground. This aspect of the matter, in fact, has also been well settled in several judgment and order of both Apex Court and this court. Mr. Nitiranjan Jha has also rightly relied on the judgment of this Court dated 9.7.2010 in CWJC No. 13526 of 2006 wherein it has been held that as per the order of the Registrar, Co-operative Society, there was no provision for appointment of the dependant of a PACS Manager of the Co-operative Society. As is well established, the scheme of compassionate appointment has to be in existence for making appointment on compassionate ground. Once this Court would find that the Government resolution would not be automatically applicable to the Co- operative society unless the same has been adopted, this Court would find it difficult to direct such Co-operative Society to make appointment on compassionate ground of any person including the petitioner. As noted above, the Registrar in 3 exercise of his power under Rule 33(e) of the Bihar Co-operative Society Rules has framed service condition for the employees of Co- operative Society for the PACKS Manager of the Cooperative Society, wherein, there is no provision for appointment on compassionate ground. The reliance placed by the petitioner on a circular dated 4th June, 1996 that there should be appointment on compassionate ground even in Cooperative Society being purely an executive order cannot override the statutory service condition laid down by the Registrar under Rule 33(e) of the Bihar Cooperative Societies Act. Moreover, the said circular was issued way back in the year 1996 and the financial condition of such society has deteriorated only thereafter. That being so, this Court must find that the claim of the petitioner for his appointment on compassionate ground is wholly misconceived. In the result this writ application, being devoid of any merit, is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)