IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14894 of 2009 1. AJAY KUMAR ANJANA S/O LATE NAND KISHOR SAH R/O VILL- BAHAR MARAR, P.O-MQUARY, P.S-PARASA, DISTT- SARAN Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HUMAN RESOSURCES DEVELOPMENT DEPARTMENT, BIHAR VIKASH BHAWAN, BAILY ROAD, PATNA 2. THE DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR VIKASH BHAWAN, BAILY ROAD, PATNA 3. THE DISTRICT MAGISTRATE-CUM-CHAIRMAN, DISTRICT COMPASSIONATE APPOINTMENT COMMITTEE, SARAN AT CHAPRA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION SARAN AT CHAPRA 5. THE BLOCK DEVELOPMENT OFFICER, PARSA BLOCK, SARAN 6. THE BLOCK EDUCATION EXTENSION OFFICER PARSA, SARAN 7. THE HEADMASTER OF MIDDLE SCHOOL, BIHAR MARAR, PARSA, SARAN ----------- 2. 11.02.2010 Heard the counsel for the petitioner and the counsel appearing for the state. Petitioner’s father was an Assistant Teacher in Middle School, Bahlotpur, District-Saran. He died in harness on 30.10.2006. Petitioner, thereafter, filed his application for Compassionate Appointment which was duly forwarded to the District Compassionate Committee. The District Compassionate Committee considered the case of the petitioner and under the signature of District Magistrate-cum-Chairman, District Compassionate Committee, Saran, Chapra made a recommendation in favour of the petitioner for his appointment as teacher. The District Superintendent of Education, Chapra, ignoring the recommendation made by the District Compassionate Committee, issued appointment letter to the petitioner directing him to join on the post of Panchayat - 2 - Teacher, not as per the recommendation of the District Compassionate Committee but under the provisions of Bihar Panchayat Teachers (Appointment and Service Conditions) Rules, 2006. Petitioner has joined his post in terms of the appointment letter but he has filed this application for a direction to the respondents to appoint him on the post of Assistant Teacher in a regular pay scale instead of fixed salary of Rs 4,000/- per month on contractual basis. The issues which are involved in this writ application, are; (i) Whether the District Compassionate Committee had made any recommendation for petitioner’s appointment on the post of teacher in terms of Bihar Panchayat Teachers (Appointment & Service Conditions) Rules, 2006; (II) Whether the District Compassionate Committee’s recommendation can be treated at par with the recommendation made under rule 10 of 2006 Rules, for compassionate appointment; (iii) Whether the District Compassionate Committee is competent for making recommendation for the post of Panchayat Teacher under 2006 Rules in view of the letter No. 6905 dated 17.01.2008 of Personnel & Administrative Department. All these questions have duly been considered and findings have been recorded in the decision reported in 2010(1) PLJR 339 (Brajesh Kumar & Others Vs The State of Bihar & - 3 - Ors.) This writ application is being disposed of in terms of the judgment and order passed in the reported decision 2010(1) PLJR 339 (Brajesh Kumar & Others Vs The State of Bihar & Ors.) Similar direction is being issued in case of the petitioner. Respondents are directed to allow regular scale to the petitioner as applicable in case of the teachers working in any Govt. Middle Primary School with effect from the date of his appointment with all consequential benefits. Akv/ (Mridula Mishra, J.)