IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13944 of 2005 MD.SADRE ALAM Versus THE STATE OF BIHAR & ORS WITH CWJC No.4179 of 2007 ANIL KUMAR JHA Versus THE STATE OF BIHAR & ORS For the petitioner in CWJC No.13944/2005:Sri Prabhakar Singh,Advocate For the State:Sri P.K.Verma,J.C.to S.C.-X For the petitioner in CWJC No.4179/2007:Sri Surya Kant Mishra,Advocate For the State:Sri Praamod Kumar, J.C. to S.C.1 ----------- 7 4.12.2008 Heard learned counsel for the petitioners and learned counsel for the State in both the cases. The two writ applications are being disposed of by this common order as they arise out of the common resolution taken on 11.3.2005 by the District Compassionate Committee, West Champaran, Bettiah. The petitioners are the sons, both of whose respective fathers who were Assistant Teachers under the State Government died while they were still in service. The petitioners filed separate applications for appointment on compassionate ground and, thereafter, both of them appeared in the written examination for general Hindi knowledge on 2.4.2005 on the basis of the decision taken on 11.3.2005 by the District Compassionate Committee. Both the - 2 - petitioners successfully passed the written examination. Thereafter, their names have been recommended for appointment on compassionate ground for Class-III post by the District Compassionate Committee, West Champaran, Bettiah, on 26.4.2005. The stand taken in the counter-affidavit is that the decision as per circular dated 28.12.2006 issued by Human Resources Development Department, Govt. of Bihar, is that the dependants of teachers/non-teaching employees of Schools should be given appointment, according to their qualification as Panchayat Sikshak/Prakhand Sikshak/Nagar Sikshak. Learned counsel for the petitioners has relied upon a letter dated 17.10.2008 issued by the Deputy Secretary of the Personnel and Administrative Reforms Department, Govt.of Bihar, in which it has been stated that the post of Panchayat Sikshak/Prakhand Shikshak/Nagar Sikshak are not posts under the State Government and no recommendation for appointment on compassionate ground can be made for the said posts. It is evident from the aforesaid circular issued by the Personnel Department, which is the Department issuing resolutions and circulars for appointment on compassionate ground from time to time, that the posts of Panchayat Sikshaks/Prakhand Sikshaks/Nagar Sikshaks are not posts under the State Government and no recommendation can be made on such posts. It is pointed out that consent has been sought for appointment on the said posts which the petitioners have not given - 3 - and that the petitioners have rightly been recommended by the District Compassionate Committee. In the above circumstances, it appears that the petitioners have rightly been recommended by the District Compassionate Committee for appointment to Class-III post in the State Government and for the said reason keeping in view the circular dated 17.10.2008 issued by the Personnel Department, the petitioners have a right to be considered for appointment to Class-III post and not to the posts of Panchayat Sikshaks/Prakhand Sikshaks/Nagar Sikshaks. The Respondent-authorities are obliged to consider them for appointment on compassionate ground in Class-III post in the State Government, pursuant to the recommendations made by the District Compassionate Committee. Both the writ applications are, accordingly, allowed with a direction to the State-respondents to consider the case of both the petitioners for appointment on compassionate ground on Class-III post in the State Government within a period of three months from the date of receipt/production of a copy of this order. SKBOSE (Ramesh Kumar Datta)