IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.447 of 2010 1. RAGHVENDRA KUMAR PATHAK S/O LATE JANARDHAN PATHAK R/O VILL KACHANATH, P.S. PIRO,DISTT-BHOJPUR AT ARAH Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE-CUM-CHAIRMAN DISTRICT COMPASSIONATE COMMITTEE BHOJPUR AT ARA 2. 4. THE REGIONAL DEPUTY DIRECTOR PATNA DIVISION, PATNA 3. 5. THE DISTRICT SUPEINTENDENT OF EDUCATION BHOJPUR AT ARAH ----------- 02/ 13.05.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s father died in harness on 8.2.2005 while working on the post of Assistant teacher. On 14.9.2005 petitioner filed his application for his compassionate appointment. Subsequently the application filed by the petitioner was taken up for consideration in the meeting of District Compassionate Committee on 5.9.2007 and a recommendation was made by the Chairman of the District Compassionate Committee vide order dated 27.9.2009 for petitioner’s appointment on any Class III post. Thereafter, District Education Officer, Bhojpur at Ara informed the petitioner vide letter no. 1579 dated 26.11.2009 that as per the recommendation of District Compassionate Committee, you are to be appointed on - 2 - Class III post. It transpires that despite recommendation since the appointment letter has not been issued in favour of the petitioner, as such he filed his representation on 6.12.2007 before the District Education Officer, Bhojpur at Ara stating that the family is on the verge of starvation, as such he is in need of his appointment. It is also mentioned in the representation that since a vacancy is there in High School, Jagdishpur on the post of orderly, the appointment letter should be issued in his favour for that post. Considering the request of the petitioner and the availability of the post vide letter dated 19.12.2007 contained in Memo No. 1732 the District Education Officer, Bhojpur at Ara issued appointment letter in favour of the petitioner against the post of Orderly in High School, Jagdishpur. Subsequently the petitioner started representing before the Authority for his compassionate appointment on Class III post as per the recommendation of the District Compassionate Committee. In para 15 of the writ application it has been stated by the petitioner that there is vacancy on Class III post in High School, Yogata, High School, Pauna and High School, - 3 - Karnaul in the district of Bhojpur, against which the petitioner can be re-appointed on compassionate ground, but the respondents are not considering it. The statement made in para 15 is not specific whether on the date of issuance of appointment letter in favour of petitioner there were vacancies on Class III post in the School mentioned in para 15 of the writ application. Accordingly, this application is being disposed of, giving liberty to the petitioner for representing his case before the District Superintendent of Education, Bhojpur at Ara, who will consider it and find out whether on 19.12.2007 there were vacancies on Class III posts in the Schools mentioned in para 15 of the writ application or any other School in the district of Bhojpur. If that is so, the respondents are directed to reconsider the case of the petitioner for appointment on Class III post. The representation filed by the petitioner must be disposed of within eight weeks from the date of its filing. DKS/ (Mridula Mishra, J.)