IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14320 of 2009 1. SUBODH KUMAR TIWARI S/O LATE BIRENDRA TIWARI VILL- SIRSAWA, P.O.+P.S. DARAUDA, DISTT. SIWAN 2. RAGHWENDRA KUMAR S/O LATE RAM IKBAL PANDEY VILL- SARARI, P.O. SARARI, P.S. GORYAKOTHI, DISTT. SIWAN Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE-CUM-CHAIRMAN DISTRICT COMPASSIONATE COMMITTEE SIWAN, BIHAR 3. THE DISTRICT EDUCATION OFFICER SIWAN, BIHAR with CWJC No.939 of 2010 1. RAJESH TRIPATHI S/O LATE SURENDRA NATH TRIPATHI R/O VILL.- NAKDIHA, P.O.- SISWA PANDEY DISTT.- DEORIA, UTTAR PRADESH Versus 1. THE STATE OF BIHAR 2. THE DISTRICT COMPASSIONATE COMMITTEE THROUGH ITS CHAIRMAN DISTRICT MAGISTRATE, SIWAN, BIHAR 3. THE DISTRICT MAGISTRATE, SIWAN, BIHAR 4. THE DISTRICT EDUCATION OFFICER, SIWAN, BIHAR ----------- For the petitioners:- Mr. Raj Bahadur Singh,Sr. Advocate & Gyan Shankar,Adv. For Respondents:- AC to SC-V & AC to SC-II 2 1.2.2010 Petitioners in both the writ applications have been recommended for their compassionate appointment by District Compassionate Committee, Siwan twice. First recommendation was made by the District Compassionate Committee on 1.9.2008. That recommendation was reconsidered and reviewed in the meeting dated 22.6.2009. The reconsideration was made by the District Compassionate Committee in the light of letter 2 of the Department of Personnel and Administrative Reforms, whereby it was informed that the District Compassionate Committee, cannot make recommendation for appointment on the post of Panchayat Teachers or Prakhand Teachers. Since petitioner No.1 Subodh Kumar Tiwari had been recommended for appointment on contractual basis on the post of Panchayat Teacher, as such his recommendation was reviewed by the District Compassionate Appointment Committee in its meeting dated 22.6.2009. All other petitioners in both the writ applications consequently on two occasions were recommended for appointment in Class III posts. Petitioners’ grievance is that despite recommendation of the District Compassionate Committee, appointment letters are not being issued in their favour by the competent authority and in both the cases 3 the competent authority is the District Education Officer, Siwan. The writ applications are being allowed directing the respondent District Education Officer, Siwan to issue appointment letter in favour of the petitioner forthwith, latest within two weeks from the date of production/communication of this order, considering the fact that the purpose of compassionate appointment is being defeated by the respondent on account of delay and latches on his part. (Mridula Mishra,J.) A.Kumar