IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1481 of 2010 1. THE STATE OF BIHAR 2. the Commissioner-cum-Secretary, Human Resources Development Department, Govt. of Bihar, Patna 3. The District Magistrate, West Champaran 4. The District Education Officer, West Champaran 5. The District Superintendent of Education, West Champaran .. Respondents-Appellants Versus 1. SAURABH KUMAR, son of Late Shanti Kumari Verma, w/o Sri Vimal Kumar Prasad, R/o village-Bulaki Singh Chowk, Kalibagh Bettiah, West Champaran 2. Amit Kumar Rai, son of Late Shyam Nandan Rai, R/o village + P.S. Chuhari, West-Champaran 3. Sanjay Kumar Rao, son of Late Pashupati Rao, R/o village+ P.O. Dhobani, P.S. Lauriya, District-West Champaran 4. Praveen Kumar Singh, son of Late Bachhan Prasad Singh, R/o village Olhan, P.O. Mehta Tola, P.S. Harshidhi, District-East Champaran 5. Munna Kumar, son of Late Shambhu Kumar Sharma, R/o village+ P.S. Khora, P.O.-Pokhariay Rai, P.S.- Chanpatia, District-West Champaran 6. Rama Shankar Sharma, son of Late Subhash Mistri, R/o village Makari, P.O.- Manpur, Makri, P.S.-Bathuariya, District-West Champaran 7. Guddu Rao, son of Late Bali Ram Prasad Rao, R/o village Katya, P.O. Sahadatpur, P.S. Lauriya, District-West Champaran .. Petitioners-Respondents ----------- 7 25.04.2011 Having heard counsel for other side and considering the averments made in the limitation petition the delay in filing the appeal is condoned. Learned counsel for the appellants while arguing on merits submits that the learned Single Judge has allowed the writ petition basing on the earlier order passed by this Court. However, main grievance of the 2 appellants is that the District Appointment Committee has no jurisdiction to recommend the name of the petitioners for Class-III post on compassionate ground. But, however, from the facts of this case, it would reveal that the petitioners have approached earlier to this Court by filing C.W.J.C. No.13944 of 2005 in which relief was granted, hence the order of learned Single Judge has to be interferred with. Learned counsel appearing on behalf of the respondents submitted that in earlier order passed by this Court in catena of decisions in C.W.J.C. No. 13944 of 2005 and C.W.J.C. No. 4197 of 2007, this Court has directed the respondents to consider the appointment of the petitioners on compassionate ground in Class III post in the State Govt. as recommended by the District Compassionate Committee. Relied on the above judgments subsequently, the petitioners were appointed on the post of Panchayat Sikshak/Prakhand Sikshak/Nagar Sikshak. It has also been observed that as posts are non-governmental posts, and the petitioners are also similarly situated persons, the learned Single Judge has chosen to 3 dispose of writ petition in terms of above orders of this Court which reached finality. Counsel for the appellants submits that the Full Bench judgment of this Court barred the State Government from making any compassionate appointment to the post of Panchayat Sikshak/Prakhand Sikshak/Nagar Sikshak. But, however as the subject matter of this case relates to the appointment of Class- III posts in the State Government, we do not find any reason to interfere with the order of the learned Single Judge. Under the above circumstances, we are of the opinion that the order of learned Single Judge needs no interference. Accordingly, L.P.A. is dismissed. Ashwini (T.Meena Kumari,J.) (Akhilesh Chandra, J.)