IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17532 of 2009 RAVI BHUSHAN S/O LATE KAMLESH KUMAR THAKUR R/O VILL. AND P.O. GHOSHARAMA, P.S.- PIAR, DISTT.- MUZAFFARPUR Versus 1. UTTAR BIHAR KSHETRIYA GRAMIN BANK, HEAD OFFICE, KALAMBAGH ROAD, MUZAFFARPUR THROUGH ITS GENERAL MANAGER 2. BOARD OF DIRECTORS, UTTAR BIHAR KSHETRIYA GRAMIN BANK, THROUGH ITS CHAIRMAN, HEAD OFFICE KALAMBAGH ROAD, MUZAFFARPUR 3. CHAIRMAN, UTTAR BIHAR KSHETRIYA GRAMIN BANK, KALAMBAGH ROAD, MUZAFFARPUR 4. GENERAL MANAGER, UTTAR BIHAR KSHETRIYA GRAMIN BANK, KALAMBAGH ROAD, MUZAFFARPUR 5. CHIEF MANAGER, UTTAR BIHAR KSHETRIYA GRAMIN BANK, KALAMBAGH ROAD, MUZAFFARPUR For the Petitioner : Mr. Yugal Kishore, Sr. Advocate. For the Bank : Mr. Prabhakar Jha, Advocate. ----------- 02. 11.01.2010. Heard learned counsel for the petitioner and the counsel for the North(Uttar) Bihar Rural Bank(hereinafter referred to as “the Bank”). 2. Petitioner is the son of Late Kamlesh Kumar Thakur, who died on 15.11.2002 while serving as grade IV employee of Vaishali Gramin Bank, which has since been merged with the Bank. He has filed this writ application for a direction to the Bank to consider his case for appointment on compassionate ground as his request for such appointment made vide application dated 15.12.2002, Annexure-1 is not being considered. 3. Counsel for the Bank has opposed the prayer as according to him in the light of the instructions of the Ministry of Finance, Department of Economic Affairs, Banking Division contained in letter dated 21.8.2008 all pending applications for appointment on compassionate ground is to be considered in the light of the instructions contained in letter No.1549 dated 19.7.2007, which inter alia provides for payment of ex gratia amount in lieu of the appointment on compassionate ground. According to the - 2 - counsel for the Bank father of the petitioner may have died in the year 2002 but in the light of the instructions contained in letter dated 21.8.2008 and 19.7.2007 his case can only be considered for payment of ex gratia amount. 4. I regret not to accept such submission as father of the petitioner died on 15.11.2002 within one month thereof petitioner applied for appointment on compassionate ground. The Bank authorities should have considered his case for compassionate appointment in the light of the application dated 15.12.2002, Annexure-1 as per the circular, which was holding the field on the date of the death of the father of the petitioner. The circular issued on 19.7.2007 cannot govern the case of the petitioner as it is well settled that the circulars cannot be issued with retrospective effect. I therefore, direct the Bank to consider the case of the petitioner for compassionate appointment in view of the provisions contained in the circular, which was holding the field on 15.11.2002 and pass 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. 5. This writ application is, accordingly, disposed of. Rajesh (V.N.Sinha,J.)