IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12760 of 2009 ASHOK KUMAR PANDEY . Versus THE STATE OF BIHAR & ORS . ----------- 4 11..5.2010 Reg:- I.A. No. 1820 of 2010 Interlocutory application is being taken along with the writ application for its’ disposal as counter affidavit has been filed on behalf of the District Superintendent of Education, East Champaran, Motihari respondent no.6 and the pleadings are complete, the writ application and the interlocutory application are being disposed off. Prayer of the petitioner in the writ application is for a direction to the District Superintendent of Education, East Champaran at Motihari respondent no.6, the Mukhiya and Panchayat Secretary of Gram Panchayat Raj, Bijbani, Bankatwa to appoint petitioner on compassionate ground, on account of death of his wife Sannu Kumari, in harness. This prayer has been made by the petitioner in the light of letter No. 3354 dated 9.8.2008 issued by the Secretary, Human Resources Development Department, Govt. of Bihar, 2 Patna, whereby a direction has been issued to the concerned authorities that in case of death of Panchayat teachers or Assistant Teachers in harness the compassionate appointment of their legal heirs would be given as provided under Rule 10 of Bihar Panchayat Teachers (Appointment and Service Conditions) Rules, 2006. They have been appointed against the post of Prakhand/Panchayat Teachers and not on the Government posts. In the counter affidavit filed on behalf of respondent no.6 it is stated that according to Bihar Panchayat Shikshak Niyojan Niyamawali Rule 2006, the concerned Gram Panchayat is the appointing authority of the Panchayat Teacher and the Panchayat Secretary is the custodian of the relevant records. In this regard a letter has been issued to the Mukhiya and Panchayat Secretary of the Gram Panchayat Raj, Bijbani, Block-Banktwa East Champaran vide letter no. 2754 dated 7.12.2009 to take step regarding compassionate appointment of the petitioner on the post of Panchayat Teacher. Considering the fact that specific direction has 3 already been issued by the respondent no.6 to the Mukhiya and Panchayat secretary, this application is being disposed off, giving direction to the Mukhiya and Panchayat Secretary of Gram Panchayat Raj Bijbani, Block Banktwa, East Champaran to consider petitioner’s case for compassionate appointment, as per Rule 10 of 2006 Rules. The case of the petitioner must be considered and necessary orders be issued in his favour within a period of six weeks from the date of production/communication of this order. The writ application stands allowed. (Mridula Mishra,J.) A.Kumar