IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7199 of 2009 ====================================================== Rajiv Kumar, Son of late Awadhesh Kumar Singh, Resident of Village and P.O. Dumra, P.S. Kotwa, District – East Champaran at Motihari. .... .... Petitioner. Versus 1. The State of Bihar. 2. The District Compassionate Appointment Committee, East Champaran at Motihari through the Chairman –cum- District Magistrate, East Champaran at Motihari. 3. The District Magistrate –cum- Chairman, The District Compassionate Committee, East Champaran at Motihari. 4. The Deputy Collector (Establishment), East Champaran at Motihari, District – East Champaran at Motihari. 5. The District Superintendent of Education, East Champaran at Motihari, District- East Champaran at Motihari. .... .... Respondents. ====================================================== Appearance : For the Petitioner/s : Mr. V.K.Singh Mr. Pankaj Kr.Singh 1 For the Respondent/s : Mr. (Ga3) ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 05/ 15-09-2011 Heard counsel for the petitioner and counsel appearing for the State. Counter affidavit has been filed on behalf of District Superintendent of Education, East Champaran, Motihari, Respondent No. 5. Petitioner’s father while working as Assistant Teacher in Nationalized Primary School, Kalyanpur Khas, Anchal Kotwa District – East Champaran at Motihari became traceless on Patna High Court CWJC No.7199 of 2009 (5) dt.15-09-2011 2 / 3 2 23.3.2005. Despite all efforts, his whereabouts could not be traced out and the petitioner submitted his application for compassionate appointment in the light of letter No. 03/C-233/07 ka 7146 dated 30.10.2008 issued by the Personnel and Administrative Reforms Department, Govt. of Bihar. The Personnel and Administrative Reforms Department through its letter has made a provision for compassionate appointment of legal heirs of such employees, who became traceless and remained traceless for two years, in case an FIR has been instituted in the matter of such tracelessness of the employees and there is reason to believe that trace of such employee is difficult in the opinion of competent authority. In the counter affidavit filed on behalf of Respondent No. 5 it has been stated that letter No.2507 dated 13.11.2009 has been to the Block Education Extension Officer for issuing appointment letter in favour of the petitioner on the post of Prakhand Teacher. Counsel for the petitioner submits that since appointment letter has already been issued in the light of the Personnel and Administrative Reforms Department’s letter dated 30.10.2008, petitioner’s grievance has been redressed. However, petitioner’s qualification was such he could have been appointed on Class III post. Petitioner has liberty to pursue it before the Patna High Court CWJC No.7199 of 2009 (5) dt.15-09-2011 3 / 3 3 competent authority, in case there is any such provision. This application is disposed of. DKS/ (Mridula Mishra, J)