IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19827 of 2010 Binod Kumar Seth son of late Lalan Seth, resident of village- Ganj Bhada Shara, P.S. Dinara, District- Rohtas, Pine Code 802218……….. Petitioner Versus 1. The State of Bihar 2. The District Magistrate-cum- Chairman, Compassionate Appointment Committee, Rohtas. 3. The District Education officer, Rohtas 4. The Deputy Secretary, Personnel Administrative & Reforms Department, Govt. of Bihar ……….. Respondents ----------- For the petitioner: Mr. Gopal Govind Mishra, Advocate Mr.Vijay Kumar Mishra, Advocate For the State: Mr. S.K. Mandal, S.C.24 Mr. Arjun Prasad, A.C. to S.C.24. --------- 2. 8.7.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks a direction upon the respondents to appoint the petitioner on compassionate ground on class-IV post under the Government. The case of the petitioner is that the mother of the petitioner, who was posted as class-IV employee in Girls High School, Ganj Bhadshara, died on 21.5.2006 while in service. The petitioner immediately filed an application for compassionate appointment, which was forwarded by the District Education Officer, Rohtas by letter dated 10.6.2008 to the Chairman, District Compassionate Appointment Committee, Rohtas, but by letter dated 9.10.2009, the 2 D.E.O.,Rohtas has returned the representation of the petitioner to the Principal of the School stating that on the basis of letter dated 22.6.2009 of the Department of Personnel and Administrative Reforms, the provision for compassionate appointment on class-III and IV posts has been abolished. It is submitted by learned counsel for the petitioner that an identical matter has been considered and decided by this Court in a batch of writ petitions headed by C.W.J.C. No.10616 of 2009: Brajesh Kumar v. The State of Bihar and others by a judgment and order dated 18.12.2009, by which the Government letter dated 22.6.2009 has been held not to apply to the dependents of such employees, who were Government servants and shall only apply to Panchayat teachers covered by the Bihar Panchayat Teachers (Appointment and Service Conditions) Rules, 2006. Learned counsel for the State is unable to point out as to how the case of the petitioner is not covered by the said decision of this Court. In the above circumstances, the writ application is allowed and the respondents are directed to consider the case of the petitioner for appointment on class-IV post under the 3 Government within a period of four months from the date of receipt/ production of a copy of this order. VPS ( Ramesh Kumar Datta, J. )