IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17953 of 2008 ARVIND KUMAR CHOUDHARY, SON OF LATE RAM PUNEET CHOUDHARY, RESIDENT OF VILLAGE – ANJANAKOT, P.S. MOTIPUR, DISTRICT –MUZAFFARPUR. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER-CUM- SECRETARY, HUMAN RESOURCE DEPARTMENT, BIHAR, PATNA. 3. THE CHAIRPERSON, DISTRICT COMPASSIONATE COMMITTEE-CUM-COLLECTOR, SARAN AT CHHAPARA. 4. THE DISTRICT MAGISTRATE, SARAN AT CHHAPARA. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, SARAN AT CHHAPARA. 6. THE BLOCK DEVELOPMENT OFFICER-CUM- CHIEF EXECUTIVE, SONEPUR, DISTRICT – SARAN AT CHHAPARA. 7. THE BLOCK EDUCATION EXTENSION OFFICER, SONEPUR BLOCK, DISTRICT – SARAN AT CHHAPARA. 8. PRAMUKH, BLOCK SONEPUR, DISTRICT – SARAN AT CHHAPARA. 9. PRINCIPAL, UTKRAMIT MIDDLE SCHOOL, DUMARI, SONEPUR, DISTRICT – SARAN AT CHHAPARA. With CWJC No.10583 of 2009 SANJEET KUMAR., SON OF LATE BISHESHWAR PRASAD, RESIDENT OF VILLAGE – MADARPUR, P.S. BARTHUA, DISTRICT – JEHANABAD. Versus 1. THE STATE OF BIHAR. 2. THE CHAIRMAN, COMPASSIONATE APPOINTMENT COMMITTEE-CUM-DISTRICT MAGISTRATE, JEHANABAD. 3. THE DEPUTY DEVELOPMENT COMMISSIONER, JEHANABAD. 4. THE DEPUTY COLLECTOR, JEHANABAD. 5. THE SUB-DIVISIONAL OFFICER, JEHANABAD. 6. THE DEPUTY COLLECTOR ESTABLISHMENT, JEHANABAD. 7. THE DISTRICT SUPERINTENDENT OF EDUCATION, JEHANABAD. 8. THE BLOCK EDUCATION EXTENSION OFFICER, KAKO, JEHANABAD. 9. THE BLOCK DEVELOPMENT OFFICER, KAKO, JEHANABAD. 10. THE HEADMASTER, PRIMARY SCHOOL, NADPURA, JEHANABAD. With CWJC No.10590 of 2009 VIKASH KUMAR, SON OF LATE VIDYA PRASAD SHARMA, RESIDENT OF VILLAGE – NEWARI, P.S. MAKHDUMPUR, DISTRICT – JEHANABAD. Versus 1. THE STATE OF BIHAR. 2. THE CHAIRMAN, COMPASSIONATE APPOINTMENT COMMITTEE-CUM- DISTRICT MAGISTRATE, JEHANABAD. 3. THE DEPUTY DEVELOPMENT COMMISSIONER, JEHANABAD. 4. THE DEPUTY COLLECTOR, JEHANABAD. 5. DISTRICT WELFARE OFFICER, JEHANABAD. 6. THE SUB-DIVISIONAL OFFICER, JEHANABAD. 7. THE DEPUTY COLLECTOR ESTABLISHMENT, JEHANABAD. 8. THE DISTRICT EDUCATION OFFICER, JEHANABAD. 9. THE DISTRICT SUPERINTENDENT OF EDUCATION, JEHANABAD. 10. THE OFFICE SUPERINTENDENT, JEHANABAD. - 2 - 11. THE EXECUTIVE OFFICER, JEHANABAD. 12. THE HEAD MASTER, PRIMARY SCHOOL YOGABESHA, JEHANABAD. With CWJC No.10605 of 2009 ABHAY KUMAR.SON OF LATE NANU SHARMA, RESIDENT OF VILLAGE – NADAUNA, P.O. BARA, P.S. BHAGWANGANJ, DISTRICT –PATNA. Versus 1. THE STATE OF BIHAR. 2. THE CHAIRMAN, COMPASSIONATE APPOINTMENT COMMITTEE-CUM- DISTRICT MAGISTRATE, JEHANABAD. 3. THE DEPUTY DEVELOPMENT COMMISSIONER, JEHANABAD. 4. THE DEPUTY COLLECTOR (NAXAL), JEHANABAD. 5. THE DEPUTY COLLECTOR, JEHANABAD. 6. THE SUB-DIVISIONAL OFFICER, JEHANABAD. 7. THE DISTRICT SUPERINTENDENT OF EDUCATION, JEHANABAD. 8. THE DEPUTY COLLECTOR ESTABLISHMENT, JEHANABAD. 9. OFFICE SUPERINTENDENT, JEHANABAD. 10. THE HEAD MASTER, HIGH SCHOOL SARTA, JEHANABAD. With CWJC No.10624 of 2009 UTTAM KUMAR, SON OF SRI UMESH PRASAD, RESIDENT OF MOHALLA – PATAK TOLI, P.S. JEHANABAD, DISTRICT - JEHANABAD. Versus 1. THE STATE OF BIHAR. 2. THE CHAIRMAN, COMPASSIONATE APPOINTMENT COMMITTEE-CUM- DISTRICT MAGISTRATE, JEHANABAD. 3. THE DEPUTY DEVELOPMENT COMMISSIONER, JEHANABAD. 4. THE DEPUTY COLLECTOR, JEHANABAD. 5. THE SUB-DIVISIONAL OFFICER, JEHANABAD. 6. THE DEPUTY COLLECTOR ESTABLISHMENT, JEHANABAD. 7. THE DISTRICT SUPERINTENDENT OF EDUCATION, JEHANABAD. 8. THE BLOCK EDUCATION EXTENSION OFFICER, KAKO, JEHANABAD. 9. THE BLOCK DEVELOPMENT, KAKO, JEHANABAD. 10. THE HEADMASTER, PRIMARY SCHOOL, KOSADIHRA, JEHANABAD. 11. THE HEADMASTER, UPGRADED MIDDLE SCHOOL, GOLAKPUR, BLOCK –KAKO, DISTRICT – JEHANABAD. With CWJC No.13883 of 2009 1. PREM PRABHAKAR S/O RAMSWARUP PASWAN VILL- BEN, P.S-SILAO, DISTT- NALANDA Versus 1. THE STATE OF BIHAR 2. DISTRICT MAGISTRATE NALANDA 3. REGIONAL DEPUTY DIRECTOR OF EDUCATION PATNA 4. DISTRICT SUPERINTENDENT OF EDUCATION NALANDA With CWJC No.14420 of 2009 1. DINESH KUMAR S/O LATE SHANKUNTLA DEVI VILL-SALAPHATGANJ, P.O- RAJENDRA COLLEGE CAMPUS, P.S-BHAGWAN BAZAR, DISTT- SARAN AT CHAPRA - 3 - 2. CHANDRAKET RAM S/O LATE DURGA RAM VILL-NEWARI, P.O- PANCHBHINDA, P.S- TARAIYAN, DISTT- SARAN AT CHAPRA 3. SHAKEEL AHMAD RIZWI S/O LATE NASEEM AHMED, VILL-KUNWARI, P.O- PARAUNA, P.S- AMNAUR, DISTT- SARAN, AT CHAPRA 4. GUDDU KUMAR S/O LATE JANARDAN PRASAD VILL- BARWATLELA TOLA, P.O- BARBAT SENA, P.S- MUFFASIL BETIA, DISTT- WEST CHAMPARAN AT BETIA 5. PRABHAT KUMAR S/O LATE DAYASHANKAR SINGH VILL-MUIYAN, P.O-SISHANI, P.S- JIRADEI, DISTT- SIWAN 6. RAJEEV RANJAN DAS BHARTI S/O LATE BHAGWAN RAM R.O VILL +PO- MANUPUR, P.S-DIGHWARA, DISTT- SARAN AT CHHAPRA 7. MOHAMMED BABUJAN ANSARI S/O LATE ABDUL AZIZ ANSARI VILL-EKARI DEVI TOLA, P.O+P.S- EKMA, DISTT- SARAN AT CHAPRA 8. AVINASH KUMAR SINGH S/O LATE RANA PRATAP SINGH VILL-NARAYANPUR, P.O-MANJHAWAN, P.S- HALDI, DISTT- BETIA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR PRIMARY EDUCATION, GOVT.OF BIAHR, PATNA 4. THE DISTRICT MAGISTRATE SARAN AT CHAPRA 5. THE DISTRICT COMPASSIONATE COMMITTEE THROUGH ITS SECRETARY SARAN AT CHAPRA 6. THE DISTRICT EDUCATION OFFICER SARAN AT CHAPRA 7. THE DISTRICT SUPERINTENDENT OF EDUCATION SARAN AT CHAPRA 8. THE BLOCK EDUCATION EXTENSION OFFICER BLOCK-EKMA, DISTT- SARAN AT CHAPRA 9. THE BLOCK DEVELOPMENT OFFICER BLOCK-EKMA, DISTT- SARAN AT CHAPRA 10. THE SUB-DIVISIONAL EDUCATION OFFICER SARAN AT CHAPRA 11. NAGAR PARISHAD CHAPRA THROUGH ITS EXECUTIVE OFFICER, CHAPRA DISTT- SARAN AT CHAPRA 12. THE EXECUTIVE OFFICER NAGAR PARISHAD CHAPRA, DISTT- SARAN AT CHAPRA 13. THE HEAD-MASTER, KANYA PRATHAMIK SCHOOL, NAVIGANJ, CHAPRA TOWN, DISTT- SARAN AT CHAPRA 14. THE HEAD-MSTER GOVERNMENT MIDDLE SCHOOL, DHARAMNATH RATANPURA, CHAPRA TOWN, DISTT-SARAN AT CHAPRA 15. THE HEAD-MASTER, MIDDLE SCHOOL, PARSAGARH HINDI, P.S- EKMA, DISTT- SARAN AT CHAPRA 16. THE HEAD MASTER, MIDDLE SCHOOL, HATHWA PURA EKMA, P.S- EKMA, DISTT- SARAN AT CHAPRA 17. GRAM PANCHAYAT HARAZI, P.S- AWTAR NAGAR, BLOCK- DISTT- SARAN AT CHAPRA THROUGH ITS MUKHIYA 18. THE PANCHAYAT SECRETARY GRAM PANCHAYAT HAZARI, BLOCK P.S- AWTAR NAGAR, DISTT- SARAN AT CHAPRA 19. THE HEADMASTER, PRIMARY SCHOOL SUBARNA, BLOCK-P.S- AWTARNAGAR, DISTT- SARAN AT CHAPRA 20. THE BLOCK DEVELOPMENT OFFICER, BLOCK-AMNAUR, DISTT- SARAN, AT CHAPRA 21. THE BLOCK EDUCATION EXTENSION OFFICER BLOCK-AMNAUR, DISTT- SARAN AT CHAPRA - 4 - 22. THE HEAD-MASTER MIDDLE SCHOOL AMNAUR BOYS, BLOCK+P.S- AMNAUR, DISTT- SARAN AT CHAPRA 23. THE DEPUTY COLLECTOR, ESTABLISHMENT, DISTT- SARAN AT CHAPRA 24. THE BLOCK DEVELOPMENT OFFICER-CUM-AUTHORISED OFFICER BLOCK- TARAIA, DISTT- SARAN AT CHAPRA 25. THE BLOCK EDUCATION EXTENSION OFFICER BLOCK- TARAIA, DISTT- SARAN AT CHAPRA With CWJC No.14855 of 2009 1. RAVI KANT VERMA S/O LATE KUMAR BAL KRISHANA VERMA R/O VILL- ANDARKILA,P.S- HAZIPUR SADAR, P.O- HAZIPUR, DISTT- VAISHALI Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM-SECRETARY, HUMAN RESOURCE DEPARTMENT, BIHAR 3. THE CHAIRPERSON, DISTRICT COMPASSIONATE COMMITTEE-CUM-COLLECTOR, SARAN AT CHHAPRA 4. THE DISTRICT MAGISTRATE, SARAN AT CHAPRA 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, SARAN AT CHAPRA 6. THE BLOCK DEVELOPMENT OFFICER-CUM-CHIEF EXECUTIVE, SONEPUR, DISTT- SARAN AT CHHAPRA 7. THE BLOCK EDUCATION EXTENSION OFFICER, SONEPUR BLOCK, DISTT- SARAN AT CHHAPRA 8. PRAMUKH BLOCK SONEPUR, DISTT- SARAN AT CHAPRA 9. PRINCIPAL, MIDDLE SCHOOL, BHABHANGAONVA, SONEPUR, DISTT- SARAN AT CHHAPRA With CWJC No.15716 of 2009 1. ANAMIKA KUMARI D/O LATE DHRUBDEO PRASAD, R/O ZAFFARPUR SOUTH, P.S- BELSAND, DISTT- SITAMARHI Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES AND DEVELOPMENT, GOVT.OF BIHAR, PATNA 3. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, TRIHUT DIVISION, MUZAFFARPUR 4. THE DISTRICT MAGISTRATE, SITAMARHI 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, SITAMARHI 6. THE GRAM PANCHAYAT ZAFFARPUR, BLOCK +P.S- BELSAND, DISTT- SITAMARHI THROUGH ITS SECRETARY, With CWJC No.16347 of 2009 1. SUSHANT KUMAR S/O LATE JAIKISHORE SINHA R/O VILL.+P.O. HASNA, P.S. GAIGHAT, DISTT.- MUZAFFARPUR 2. MANISH KUMAR S/O LATE MANOJ KUMAR VILL.+P.O. SUSTA, VIA- RAMANA, P.S. SADAR MUZAFFARPUR, DISTT.- MUZAFFARPUR 3. RAJIV RATAN S/O SRI KEDAR NATH CHAUDHRY R/O VILL.- JITWARA, P.S. KATRA, DISTT.- MUZAFFARPUR 4. SUNIL KUMAR SINGH S/O SRI RAM SAGAR SINGH R/O VILL.+P.O. MUZAFFARPUR, DISTT.- MUZAFFARPUR - 5 - 5. MANOJ KUMAR JHA S/O LATE SATISH CHANDRA JHA R/O LADOUR, P.S. GAIGHAT, DISTT.- MUZAFFARPUR 6. MD. ZAKI ASRAF S/O LATE MD. ZAHIRUL ISLAM R/O VILL.- BENIBAGH, P.S. GAIGHAT, DISTT.- MUZAFFARPUR 7. SANJEEV KUMAR JHA S/O LATE KALANATHA JHA R/O VILL.- SAMAR, P.S. NANPUR, DISTT.- SITAMARHI Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, HUMAN RESOURCES AND DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 3. THE PRINCIPAL SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPTT., GOVT. OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE, MUZAFFARPUR 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR 6. THE DISTRICT COMPASSIONATE COMMITTEE THROUGH DISTRICT MAGISTRATE, MUZAFFARPUR 7. THE BLOCK EDUCATION EXTENSION OFFICER, GAIGHAT, DISTT.- MUZAFFARPUR 8. THE BLOCK EDUCATION EXTENSION OFFICER, MUSHARI, MUZAFFARPUR 9. THE BLOCK EDUCATION EXTENSION OFFICER, AURAI, DISTT.- MUZAFFARPUR 10. THE GRAM PANCHAYAT RAJ MAHESHWARA, THROUGH ITS PANCHAYAT SECRETARY, AURAI, MUZAFFARPUR 11. THE PANCHAYAT SECRETARY, KEWTASA, GAIGHAT, MUZAFFARPUR 12. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT JAGUAR, EAST KATRA, MUZAFFARPUR With CWJC No.16379 of 2009 1. SEEMAB RAJA S/O LATE BASIR AHMAD R/O VILL.- ARERAJ, WARD NO. 9, P.S.- GOBINDGANJ, DISTT.- EAST CHAMPARAN 2. NAUSHAD AHMAD S/O USMAN AHMAD R/O VILL.- KHAJURIYA, P.S.- GOBINDGANJ, DISTT.- EAST CHAMPARAN 3. PRADEEP KUMAR S/O LATE BIPIN BIHARI PRASAD R/O VILL.- BUDHWA, P.S.- BANJARIYA, DISTT.- EAST CHAMPARAN 4. BHUNESHWAR MISHRA S/O LATE DURGA MISHRA R/O VILL.- GOLA PAKRIYA, P.S.- LAKHAWRA, DISTT.- EAST CHAMPARAN 5. PRAMOD KUMAR S/O LATE GANESH PRASAD SHRIVASTAVA R/O VILL.- DHANGRAHA, P.S.- DUMARIYA GHAT, DISTT.- EAST CHAMPARAN 6. AMIT RANJAN S/O SHEOJI PRASAD R/O MOHALLA- NEW CHANDMARI, CHILWANIYA ROAD, BARAHAM ASTHAN, P.S.- MOTIHARI TOWN, DISTT.- EAST CHAMPARAN 7. ANAND RANJAN SINGH S/O LATE CHITRANJAN SINGH R/O VILL.- JAITA PUR, P.S.- PALNAWA, DISTT.- EAST CHAMPARAN 8. PRAKASH CHANDRA HIMANSHU S/O LATE DHENUKHI RAUT R/O VILL.- RAMPURWA, P.S.- GOBINDGANJ, DISTT.- EAST CHAMPARAN 9. JITENDRA NATH DWIVEDI S/O LATE SHIVSHANKAR DWIVEDI R/O VILL.- MADHOPUR, P.S.- HARSIDHI, DISTT.- EAST CHAMPARAN 10. KALYAN KUMAR JHA S/O LATE RUDAL JHA R/O VILL.- TELHARA KHURD, P.S.- KUNDWACHAIN PUR, DISTT.- EAST CHAMPARAN 11. MAHBOOB ALAM S/O LATE MUSHEER ALAM R/O VILL.- BADHARWA FATEH MOHMAD, P.S.- KUNDWACHAIN PUR, DISTT.- EAST CHAMPARAN 12. KUMAR SAGAR S/O LATE SHRIKANT MISHRA R/O VILL.- RAMPUR KHAJURIYA, P.S.- DUMARIYA GHAT, DISTT.- EAST CHAMPARAN - 6 - 13. SHAMS PERWEZ AHMAD S/O LATE MD. TABARAK HUSSAIN R/O VILL.- HUSSAINI JALWA TOLI, P.S.- DUMARIYA GHAT, DISTT.- EAST CHAMPARAN 14. ABHIMANYU SHARMA S/O LATE KAMESHWAR SHARMA R/O VILL.- OLHA, P.S.- HARSIDHI, DISTT.- EAST CHAMPARAN 15. MOIENUL HAQUE S/O LATE MOHIBBUL HAQUE MANSURI R/O VILL.- SEMRAHIYA, P.S.- CHAURADANO, DISTT.- EAST CHAMPARAN 16. DABHU KUMAR JHA S/O LATE RABINDRA MOHAN JHA R/O VILL.- CHAGRAHA BIRTA TOLA, P.S.- SUGAULI, DISTT.- EAST CHAMPARAN 17. VINAY RANJAN KUMAR SHARMA S/O LATE RAJESH KUMAR SHARMA R/O VILL.- SHARMA TOLA, P.S.- GOBIND GANJ, DISTT.- EAST CHAMPARAN 18. MUKESH KUMAR S/O LATE RAGHUNATH PRASAD R/O VILL.- MISHRAULIYA, P.S.- CHIRAIYA, DISTT.- EAST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPTT., BIHAR, PATNA 3. THE DISTRICT MAGISTRATE CUM CHAIRMAN OF DISTRICT COMPASSIONATE COMMITTEE, EAST CHAMPARAN, MOTIHARI 4. DISTRICT SUPERINTENDENT OF EDUCATION EAST CHAMPARAN, MOTIHARI With CWJC No.17239 of 2009 1. NADEEM AHMAD S/O MUMTAZ AHMAD R/O VILL AHIYAPUR, P.S.MANER,DISTT- PATNA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT OLD SECRETARIAT, PATNA 2. DISTRICT COMPASSIONATE APPOINTMENT COMMITTEE, THROUGH THE COLLECTOR PATNA 3. DISTRICT EDUCATION OFFICER PATNA 4. DISTRICT SUPERINTENDENT OF EDUCATION PATNA With CWJC No.17380 of 2009 1. ANIL KUMAR S/O LATE NAGESHWAR SINGH R/O VILL.- SERISIYA JAGDISH, P.O.- SERISIYA JAGDISH, DISTT.- MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. THE CHAIRMAN, COMPOSSIONATE APPOINTMENT COMMITTEE - CUM - DISTRICT MAGISTRATE MUZAFFARPUR 3. THE DEPUTY DEVELOPMNT COMMISSIONER MUZAFFARPUR 4. THE DEPUTY COLLECTOR MUZAFFARPUR 5. THE DEPUTY COLLECTOR, ESTABLISHMENT MUZAFFARPUR 6. THE DISTRICT SUPERINTENDENT OF EDUCATION MUZAFFARPUR 7. THE AREA EDUCATION OFFICER KATI, MUZAFFARPUR 8. THE BLOCK DEVELOPMENT OFFICER KATI, MUZAFFARPUR With CWJC No.17480 of 2009 1. RAJ KISHORE KUMAR S/O LATE SITA RAM PRASAD SINGH R/O VILL.- SAHPUR PATTI VIA-DEORIA, DISTT.- MUZAFFARPUR Versus 1. THE STATE OF BIHAR - 7 - 2. THE CHAIRMAN COMPASSIONATE APPOINTMENT COMMITTEE - CUM - DISTRICT MAGISTRATE, MUZAFFARPUR 3. THE DEPUTY DEVELOPMENT COMMISSIONER MUZAFFARPUR 4. THE DEPUTY COLLECTOR MUZAFFARPUR 5. THE DEPUTY COLLECTOR, ESTABLISHMENT MUZAFFARPUR 6. THE DISTRICT SUPERINTENDENT OF EDUCATION MUZAFFARPUR 7. THE BLOCK EDUCATION EXTENSION OFFICER SAKRA, MUZAFFARPUR 8. THE PANCHAYAT SECRETARY GRAM PANCHAYAT RAJ KAURIA NIZAMAT, PRAKHAND-PARU, DISTT. - MUZAFFARPUR With CWJC No.17915 of 2009 1. SANJEEV KUMAR JHA S/O LATE JAI KRISHNA JHA VILL- MAHATHWAR, P.S- CHANSHYAMPUR, P.O- PALI, DISTT- DARBHANGA 2. GOVIND KUMAR JHA, S/O LATE BRAJENDRA JHA P.O +VILL- ATIHAR, P.S- DARBHANGA SADAR, DISTT- DARBHANGA 3. GIRISH KUMAR PATHAK, S/O LATE GOPI KRISHNA PATHAK, P.O +VILL- BERI, P.S- KUSHESHWAR ASTHAN, DISTT- DARBHANGA 4. BRAJESH KUMAR, S/O LATE RAM NARAYAN THAKUR VILL-BAGHAUNI, P.S- BAHERI, DISTT- DARBHANGA 5. PRAVIN KUMAR JHA S/O LATE DEVEHANDRA JHA VILL-KORTHU, P.S- CHANSHYAMPUR, DISTT- DARBHANGA 6. SERAJ AHMAD S/O LATE MD. ASHRARUL HAQ, VILL- BRAHAMPUR, P.S- GHANSHYAMPUR, DISTT- DARBHANGA 7. BAIDYANATHA PASWAN S/O LATE JANAK PASWAN VILL- PARARI, P.S- BAHADURPUR, P.O SONAKI, DISTT- DARBHANGA 8. JYOTI KUMARI S/O LATE SAROJ KUAMR P.O +VILL- ASHI, P.S- LAHERIASARAI, DISTT- DARBHANGA 9. MANISH RANJAN S/O SRI BAIJU PRASAD VERMA, MOH-GANDHINAGAR, KATRAHIA, P.S SADAR, DISTT- DARBHANGA 10. KAMLESH CHAUDHARY S/O LATE SURYAKANT CHAUDHARY, VILL- PNDARUCH, P.S- KAMTAUL, DISTT- DARBHANGA 11. MD. NIZAMUDDIN S/O LATE MD. DAWOOD, P.O +VILL- LOAM, P.S- DARBHANGA SADAR, DISTT-P DARBHANGA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 4. THE CHAIRMAN, DISTRICT COMPASSIONATE COMMITTEE CUM DISTRICT MAGISTRATE, DARBHANGA 5. THE DEPUTY DEVELOPMENT COMMISSIONER, null DARBHANGA 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, DARBHANGA 7. THE BLOCK DEVELOPMENT OFFICER, GHANSHAYMPUR, DARBHANGA 8. THE BLOCK DEVELOPMENT OFFICER, DARBHANGA 9. THE BLOCK EDUCATION EXTENSION OFFICER, null KUSHESHWARASTHAN, DARBHANGA 10. THE BLOCK DEVELOPMENT OFFICER, BAHERI, DARBHANGA 11. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT ATIHAR, DARBHANGA SADAR, DARBHANGA - 8 - 12. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT, CHOTAI PATTI, BLOCK- DARBHAGNA SADAR, DISTT- DARBHANGA With CWJC No.189 of 2010 1. RASHMI KUMARI D/O SHRI SHASHI SHEKHAR PRASAD SINGH R/O CHAKPUNARWAS, P.O- CHHITROR, P.S- MATIHANI, DISTT- BEGUSARAI Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVT. OF BIHAR, PATNA 3. DIRECTOR, PRIMARY EDUCATION, BIHAR 4. DISTRICT MAGISTRATE, BEGUSARAI 5. DISTRICT SUPERINTENDENT OF EDUCATION, BEGUSARAI With CWJC No.310 of 2010 1. SANJIT KUMAR S/O LATE BANKE PASWAN R/O VILL- B.N. PAHARI, P.S. RAHUI, DISTT. NALANDA Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 3. DIRECTOR, PRIMARY EDUCATION BIHAR, PATNA 4. DISTRICT MAGISTRATE PATNA 5. DISTRICT SUPERINTENDENT OF EDUCATION PATNA With CWJC No.320 of 2010 1. SUJIT KUMAR S/O LATE AKHILENDRA KUMAR R/O VILL- AKBARPUR, P.O. BAKWARI, P.S. BHADAUR, DISTT. PATNA Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 3. DIRECTOR, PRIMARY EDUCATION BIHAR, PATNA 4. DISTRICT MAGISTRATE PATNA 5. DISTRICT SUPERINTENDENT OF EDUCATION PATNA With CWJC No.533 of 2010 1. ARIF HUSSAIN S/O LATE VAKIL AHMED R/O VILL- KAHLA HAZARITOLA, P.S. BARAULI, DISTT. GOPALGANJ Versus 1. THE STATE OF BIHAR THROUGH COMMISSIONER-CUM-PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 2. COMMISSIONER-CUM-PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 3. THE DIRECTOR PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE GOPALGANJ 5. THE DISTRICT SUPERINTENDENT OF EDUCATION GOPALGANJ With CWJC No.659 of 2010 1. SANJAY KUMAR S/O LATE SHIV LAL HAZARA R/O VILL.- DHARAMPUR DAKHILI, P.S. TAJPUR DISTT.- SAMASTIPUR - 9 - Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCES DEPTT., GOVT. OF BIHAR, PATNA 2. DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA 3. DISTRICT MAGISTRATE, SAMASTIPUR 4. BLOCK DEVELOPMENT OFFICER, SAMASTIPUR 5. DISTRICT SUPERINTENDENT OF EDUCATION, SAMASTIPUR 6. BLOCK EDUCATION EXTENSION OFFICER, PUSA, SAMASTIPUR With CWJC No.707 of 2010 1. KRISHNA CHANDRA JHA S/O LATE BHOLA NATH JHA R/O VILL HARI PRASAD, P.S.JANDAHA, P.S.VAISHALI, DISTT-VAISHALI Versus 1. THE STATE OF BIHAR, THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCES DEPARTMENT GOVT. OF BIHAR, PATNA 2. THE DIRECTOR, PRIMARY EDUCATION GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE VAISHALI 4. THE BLOCK DEVELOPMENT OFFICER JANDAHA, VAISHALI 5. THE DISTRICT SUPERINTEDENT OF EDUCATION VAISHALI 6. THE BLOCK EDUCATION EXTENSION OFFICER JANADAHA, VAISHALI ----------- 02/ 28.01.2010 Petitioners in all these writ applications are legal heirs of Assistant Teachers working in Government Primary/Middle Schools, who died in harness. In some of the cases petitioners’ grievance is that though the District Appointment Compassionate Committee had made recommendation in their favour for appointment on Class III Teachers posts, considering their eligibility, they have been appointed on the post of Panchayat/Prakhand Teachers on contract basis in a fixed salary. In some of the cases petitioners’ grievance is that the District Compassionate Appointment Committee have refused to entertain their application, considering the order issued by the - 10 - Deputy Secretary, Personnel and Administrative Reforms Department, Govt. of Bihar, Patna contained in letter no. 2955 dated 22.6.2009, whereby a direction has been issued to the District Compassionate Appointment Committee not to make recommendation for compassionate appointment in case of legal heirs of teachers and non-teaching employees in Primary and Middle Schools, for any government Class III and Class IV posts. Their cases will be considered by the competent Appointment Committee for appointment on the post of Panchayat/Prakhand Teachers in a fixed salary. In some of the cases petitioners, who have joined on the post of Panchayat/Prakhand Teachers, ignoring the recommendation of District Compassionate Committee for their appointment on Class-III posts in a regular pay scale, their prayer is for a direction to the respondents to make payment of their salary in the regular scale instead of fixed salary of Panchayat/Prakhand Teachers. The issues, which are involved in all these writ applications, have already been decided in C.W.J.C. No. 10616 of 2009 and analogous cases reported in 2010 (1) P.L.J.R. 339. In detail all aspects have been discussed and a finding recorded. - 11 - Letter no. 2955 dated 22.6.2009 issued by the Deputy Secretary, Personnel and Administrative Reforms Department, Govt. of Bihar, Patna has also been quashed. In this view of the matter, the petitioners are also entitled for similar relief. Accordingly, the directions, which have been issued by this Court in the reported decision in 2010 (1) P.L.J.R. 339 is applicable in case of the petitioners. The respondents are thus directed to consider petitioners’ case for compassionate appointment in the light of letter no. 6905 dated 17.10.2008 issued by Personnel and Administrative Reforms Department, Government of Bihar, Patna, where it has clearly been pointed out that the posts of Panchayat/Prakhand/Nagar Shikshaks are not the posts under the State Government and with respect to such posts the District Compassionate Committee cannot make any recommendation, since it is beyond the jurisdiction of the District Compassionate Committee. In the cases of some of the petitioners, the District Compassionate Committee had made recommendation for their appointment as per their eligibility on Class III and Class IV posts. The respondents should appoint the petitioners on any - 12 - Government posts as per the recommendation of the Compassionate Committee and allow the petitioners’ regular pay scales of an Assistant Teacher. The respective District Compassionate Appointment Committee are further directed to recall the application filed by some of the petitioners for their compassionate appointment, which have been returned by the Compassionate Committee in the light of Government notification dated 22.6.2009. In such cases, recommendation should be made by the District Compassionate Committee for compassionate appointment of the petitioners, on any Class III or Class IV posts as per the eligibility of the petitioners. The respondents are further directed to consider the claim of the petitioners for arrears of salary, in the regular scale, as some of the petitioners have been appointed on the post of Panchayat/Prakhand Teachers in a fixed salary, ignoring the recommendation of the Compassionate Committee for their appointment on Class III Government post, in regular scale. Since, the District Superintendent of Education, of the respective Districts, were not competent to ignore the recommendation of the Compassionate Committee, appointment letters issued in - 13 - favour of the some of the petitioners, requires modification and regular pay scale should be allowed to such petitioners as Committees’ decision is the collective decision and not an individual decision. The respondents will comply the direction of this Court in case of petitioners as well as in cases of all similarly situated persons. There should not be any undue delay in compliance of the direction of this Court, preferably the direction of this Court should be complied within twelve weeks from the date of production/communication of this order. In case any of the petitioners have not been issued appointment letters, despite the recommendation of the District Compassionate Committee, the concerned authority will take care that the appointment letter is issued in favour of the petitioner, forthwith, latest within two weeks, from the date of communication/production of this order. All these writ applications are allowed. DKS/ (Mridula Mishra, J.)