IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11180 of 2010 SHIV KUMAR SINGH S/O LATE VISHWANATH SINGH R/O VILL MOSADPUR, P.O.TILRATH, P.S.BARAUNI, DISTT- BEGUSARAI. VERSUS 1. THE STATE OF BIHAR 2. THE SECRETARY, DEPARTMENT OF PERSONAL AND ADMINISTRATIVE REFORMS GOVERNMENT OF BIHAR, PATNA 3. THE PRINICIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES AND DEVELOPMENT GOVERNMENT OF BIHAR, PATNA 4. DIRECTOR, SECONDARY EDUCATION GOVERNMENT OF BIHAR, PATNA 5. DIRECTOR, PRIMARY EDUCATION GOVERNMENT OF BIHAR, PATNA, BIHAR 6. REGIONAL DEPUTY DIRECTOR OF EDUCATION MUNGER, BIHAR 7. DISTRICT MAGISTRATE BEGUSARAI, BIHAR 8. DISTRICT SUPERINTENDENT OF EDUCATION BEGUSARAI, BIHAR. ----------- Counsel for the Petitioner : Mr. Ashok Kumar Choudhary. Counsel for the State : Mr. Md.Obaidullah, AC to GP-VI. --------- 04 08.10.2010 A supplementary counter affidavit has been filed which now resolves the controversy. The petitioner sought compassionate appointment in place of his father who died in harness as an Assistant Teacher in Government School on 30.04.2006. The petitioner being the eldest son immediately applied for compassionate appointment. Petitioner is a Commerce Graduate as well as a Law Graduate. The Compassionate Appointment Committee, Begusarai headed by the Collector-cum-District Magistrate as its Chairman considered the matter on 23.02.2007 and recommended for compassionate - 2 - appointment of the petitioner in any Class-III post considering his academic qualification. Petitioner was over age and, as such, before appointment could be made State Government which had the power was moved for relaxation of the age bar. Accordingly, by Annexure-2 State Government granted age relaxation on 17.03.2008. Petitioner had done everything possible in his control but still he was not favoured with compassionate appointment. Obviously, for reasons, which this Court would not like to discuss, petitioner was forced to come to this Court. Upon the writ petition being filed, the matter on being adjourned, now ultimately a supplementary counter affidavit has been filed in which it is stated that the petitioner’s appointment got delayed because he had not given his consent to the appointment to the post of Block Teacher, which was offered to him. This statement has been made ignoring the specific assertion of the petitioner in the writ petition itself (Annexure-9), that upon being asked to give consent, petitioner gave his consent and pursuant to that all papers were sent to the Regional Deputy Director Education, Munger for further action. This fact is not denied in the supplementary counter affidavit. However, as the petitioner is only seeking compassionate appointment and he has now been offered the post of Block Teacher in Baruni Block in the district of Begusarai, he accepts the same, it would now be the responsibility of the District Superintendent of Education, - 3 - Begusarai whose letter to the petitioner is also annexed to the counter affidavit to ensure that petitioner is gainfully employed on the aforesaid post within one month from the date of production of a copy of this order before the District Superintendent of Education, Begusarai. With these observations and directions, the writ petition stands disposed of. Trivedi/ (Navaniti Prasad Singh, J.)