1. A short issue in this writ application is with regard to the validity of memo no. 585, dated 16.12.2008, issued by the Managing Director of the Samastipur, Central Co-operative Bank Ltd. by which order, the services of the petitioner have been terminated/discontinued with immediate effect.

2. Counter affidavits have been filed by the respondent-State and the Bank and rejoinders thereto.

3. Having heard learned counsel for the parties, with their consent, this writ application is being disposed of at this stage itself.

4. Petitioners father was in service of the said Bank. He died in harness on 5.6.2003. He was Senior Accountant in the Bank. In conformity with Rule 38 of the Central Co-operative Bank Service Rules , as framed by the State Government and enforced under Section 66B of the Bank Co-operative Societies Act, 1935 as also the Circular of the State Government dated 11.5.2001 (Annexure-1) of the State Government in the department of Co-operative, the matter of compassionate appointment of the petitioner was take up in the meeting of the Committee for Compassionate Appointment of the respondent-Bank on 8.1.2004, as constituted by the State Government. It accepted