IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14338 of 2009 1. MANISH KUMAR GIRI S/O LATE JAGDISH GIRI VILL- RAJAPUR MATHIA, P.O. DUMARA, P.S. KOTWA, DISTT. EAST CHAMPARAN, MOTIHARI Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY PERSONNEL AND ADMINISTRATIVE REFORMS DEPTT., GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE-CUM-CHAIRMAN OF DISTRICT COMPASSIONATE COMMITTEE EAST CHAMPARAN, MOTIHAR, DISTT. EAST CHAMPARAN, MOTIHARI 4. THE DISTRICT SUPERINTENDENT OF EDUCATION EAST CHAMPARAN, MOTIHARI -WITH- CWJC No.14533 of 2009 1. ASHUTOSH KUMAR S/O LATE SURENDRA PRASAD SINGH VILL- GHUGHUWA, P.O BANKATWA, P.S GHORASAHAN, DISTT- EAST CHAMPARAN, MOTIHARI Versus 1. THE STATE OF BIHAR 2. THE PRINCIPLE SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE- CUM- CHAIRMAN OF DISTRICT COMPASSIONATE COMMITTEE EAST CHAMPARAN, MOTIHARI, DISTT- EAST CHAMPARAN, MOTIHARI 4. THE DISTRICT SUPERINTENDENT OF EDUCATION EAST CHAMPARAN, MOTIHARI -WITH- CWJC No.12819 of 2009 RAJEEV KUMAR SINGH & ORS . Versus THE STATE OF BIHAR & ORS . -WITH- CWJC No.15150 of 2009 1. NAVIN KUMAR MISHRA S/O LATE RAJ MANGAL MISHRA VILL.- CHAKITBAL, BARSHANKER, P.S.- PATAHI, DISTT.- EAST CHAMPARAN 2. SANTOSH KUMAR S/O LATE NILAMBER JHA VILL.- HARIPUR, P.O.+P.S.- GHURNABAZAR, DISTT.- ARARIA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPTT. GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE-CUM-CHAIRMAN OF DISTRICT COMPASSIONATE COMMITTEE, EAST CHAMPARAN MOTIHARI, DISTT.- EAST CHAMPARAN, MOTIHARI 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, EAST CHAMPARAN MOTIHARI -WITH- - 2 - CWJC No.595 of 2010 1. PREM SHANKER PANDEY S/O LATE KAPILESHWAR NATH PANDEY R/O VILL- TEACHER COLONY CHAKIA, WARD NO. 9, P.S- CHAKIA, DISTT- EAST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE-CUM-CHAIRMAN OF DISTRICT COMPASSIONATE COMMITTEE, EAST CHAMPARAN, MOTIHARI, DISTT- EAST CHAMPARAN, MOTIHARI 4. THE DISTRICT SUPERINTENDENT OF EDUCATION EAST CHAMPARAN, MOTIHARI -WITH- CWJC No.604 of 2010 1. MINTU KUMAR SINGH S/O LATE RAM NATH SINGH R/O VILL PARSHURAMPUR,P.S.PIPRA, DISTT-EAST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, PERSONNEL &ADMINISTRATIVE REFORMS DEPARTMENT GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE-CUM CHAIRMAN , DISTRICT COMPASSIONATE COMMITTEE EAST CHAMPARAN, MOTIHARI, DISTT-EAST CHAMPARAN, MOTIHARI 4. THE DISTRICT SUPERINENDENT OF EDUCATION EAST CHAMPARAN, MOTIHARI -WITH- CWJC No.670 of 2010 1. SUJEET KUMAR S/O LATE JAGANATH RAM R/O VILL.- CHINTAMANPUR, P.S.- PIPRA, DISTT.- EAST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE PRINCIPLE SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPTT., GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE-CUM-CHAIRMAN OF DISTRICT COMPASSIONATE COMMITTEE, EAST CHAMPARAN, MOTIHARI, DISTT.- EAST CHAMPARAN, MOTIHARI 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, EAST CHAMPARAN, MOTIHARI -WITH- CWJC No.725 of 2010 1. BIKASH KUMAR S/O LATE SITA RAM SAHANI R/O VILL.- KHATOLWA, P.O.- HAZIPUR, P.S.- KALYANPUR, DISTT.- EAST CHAMPARAN, MOTIHARI Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA - 3 - 3. THE DISTRICT MAGISTRATE-CUM-CHAIRMAN OF DISTRICT COMPASSIONATE COMMITTEE EAST CHAMPARAN, MOTIHARI, DISTT.- EAST CHAMPARAN, MOTIHARI 4. THE DISTRICT SUPERINTENDENT OF EDUCATION EAST CHAMPARAN, MOTIHARI -WITH- CWJC No.1322 of 2010 1. UMESH KUMAR S/O LATE STRUGHAN BHAGAT, VILL- DAMODARPUR, NEAR HOUSING BOARD, P.S- KANTI, DISTT- MUZZAFARPUR -Versus- 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE-CUM-CHAIRMAN OF DISTRICT COMPASSIONATE COMMITTEE, EAST CHAMPARAN, MOTIHARI, DISTT- EAST CHAMPARAN, MOTIHARI 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, EAST CHAMPARAN, MOTIHARI ----------- For the petitioners: Mr. Shardanand Mishra (In all cases) For the State: Sri S.A.P. Tripathy, S.C.VII with Suresh Kumar, A.C. to S.A.C.VII ( in C.W.J.C. No. 670 of 2010) Alka Verma, A.C. to AAG-IX (in C.W.J.C. No. 14533/09) Mr. Jainandan Kumar Sinha, A.C. to G.A. 10 (in C.W.J.C. No. 15150/09) 1. Mr. Prabhu Nath Sharma 2. Mr. Nirmala Kumari 3. Mr. Lala S.A.N. Ravi (in C.W.J.C. No. 14338/09) Mr. Rajesh Kumar Singh, A.C. to S.C. VI (in C.W.J.C. No. 604 of 2010) 2. 03.02.2010 Heard the counsel for the petitioners and the counsel appearing for the state. Petitioners, in all these writ applications, have prayed for a direction to the respondents- District Compassionate Committees to consider their cases for Compassionate Appointment and to make recommendation in their favour in the light of Circular dated 17.10.2008 issued by the Department of Personnel and Administrative Reforms directing all District Compassionate Committees not to make recommendation for Compassionate Appointment against the post of Panchayat - 4 - Teacher/Prakhand Teacher/Nagar Teacher because these posts are not within the administrative control of Government. Petitioners have also prayed for quashing of the recommendations made by the District Compassionate Committee in their respective cases whereby they have been recommended for Compassionate Appointment, on the post of Block teachers/Panchayat teachers and Nagar teachers. Petitioners are the legal heirs of Assistant teachers/other teaching employees or non-teaching employees working in the Government schools. Their fathers/mothers have died in harness. They applied for their Compassionate Appointment within the period of limitation in the requisite format. The District Compassionate Committees have considered their cases for Compassionate Appointment but recommendation has been made for appointment on the post of Panchayat Teachers/Block Teachers/Nagar Teachers. Petitioners’ grievance is that their father/mother were government employees and being legal heirs of a Govt. employee, in their cases, the same resolution of the Personnel and the Administrative Reforms Department will be applicable, as in the case of Compassionate Appointment of the legal heirs of the Govt employees. Ignoring the Circular of the Personnel and Administrative Reforms Department, dated 17.10.2008, their names have been recommended for the posts, which is not within the administrative control of the government and for - 5 - which no recommendation could have been made by the District Compassionate Committee. The issue relating to Compassionate Appointment of the legal heirs of teaching and non-teaching employees of a Govt. Schools has been considered by this court in a decision reported in 2010 (1) PLJR, 339. All relevant issues have been considered and decided by this court, which fully covers cases of these petitioners. Accordingly, all these writ applications are allowed. The recommendation of District Compassionate Committee, made in favour of the petitioners for their appointment on the post of Panchayat Teachers/Prakhand Teachers/ Nagar Teachers, on contractual basis in the fixed scale, needs to be modified and reviewed by the District Compassionate Committee. The District Compassionate Committee is, thus, directed to review their earlier recommendation, made in favour of the petitioners within three weeks from the date of production/communication of the order. The respective District Compassionate Committee, in each case, will make recommendation in favour of the petitioners for their Compassionate Appointment on any Govt. Class-III & Class-IV posts, as per their qualification and eligibility. On the basis of modified recommendation by the District Compassionate Committee, the concerned authority will issue appointment letters in favour of the petitioners within two weeks from the - 6 - date of recommendation. I.A. No. 7821 of 2009 has been filed in C.W.J.C. No. 12819 of 2009 by one, Anil Kumar Choudhary for being impleaded as petitioner. The interlocutory application is not being pressed. It is accordingly, permitted to be withdrawn. Akv/ (Mridula Mishra, J.)