IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13957 of 2009 1. JITENDAR KUMAR S/O LATE BHAGWAN PRASAD SHARMA VILL- HATI, P.S. KAKU, DISTT. JEHANABAD ……….. PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE CUM CHAIRMAN, DISTRICT COMPASSIONATE COMMITTEE, JAHANABAD 4. THE ADDL. COLLECTOR ESTABLISHMENT, JAHANABAD 5. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, GAYA 6. THE DISTRICT EDUCATION OFFICER, JAHANABAD 7. THE DISTRICT SUPERINTENDENT OF EDUCATION, JAHANABAD …………RESPONDENTS. ----------- 02/ 25.01.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s father while working as Assistant teacher in Girls Middle School, Goshi, Jehanabad died on 29.7.2006. Since the petitioner’s father was in government service and he was only bread earner in the family, the petitioner filed his application for compassionate appointment, in view of the provision made by the Department of Personnel and Administrative Reforms, Govt. of Bihar. Petitioner has qualification of Intermediate. His application for compassionate appointment was duly forwarded by the District Superintendent of Education, Jehanabad to the District Compassionate Appointment Committee, Jehanabad. In the meeting dated 24.4.2008 the - 2 - District Compassionate Appointment Committee considered the case of the petitioner and made recommendation vide Memo No. 486 dated 24.4.2008 for his appointment on Class III post. Despite recommendation of the District Compassionate Appointment Committee, Jehanabad, no appointment letter was issued by the District Superintendent of Education, Jehanabad, as such petitioner represented his case before the different authorities. The Additional Collector (Establishment), Jehanabad vide letter no. 803 dated 9.7.2008 directed D.S.E. to submit proposal for appointment of petitioner on requisite post in the light of the recommendation of the District Compassionate Appointment Committee, Jehanabad. Petitioner’s grievance is that his representation is not being considered and finally the proposal for petitioner’s appointment has been returned back to the D.S.E., Jehanabad by R.D.D.E., Gaya vide his letter no. 655 dated 21.8.2008 stating that due to lack of vacancies the proposal is being returned back. Petitioner’s case is that there are several vacancies available as mentioned in the writ application in High - 3 - School, Bori, High School, Madil, High School, Khaira, High School, Raksiya, but appointment letter is not being issued in favour of the petitioner. Petitioner’s case further is that the District Compassionate Appointment Committee in its meeting dated 20.7.2009 reviewed its recommendation earlier made in favour of the petitioner and in the light of the resolution of Personnel and Administrate Reforms Department contained in letter no. 2955 dated 22.6.2009 and letter no. 6905 dated 17.10.2008 recalled its’ recommendation. By these two letters direction has been issued to the District Magistrate –cum- Chairman of the District Compassionate Appointment Committee that case of the legal heirs of deceased teaching and non-teaching employees will not be considered by the District Compassionate Appointment Committee, as there is provision in the Bihar Panchayat Elementary Teachers (Appointment and Service Conditions) Rules, 2006 for their appointment on compassionate ground under Rule 10. The Department of Personnel and Administrative Reforms vide letter no. 2955 dated 22.6.2009 has issued a direction that legal heirs of teachers can be appointed on compassionate - 4 - ground only on the post of Panchayat/Prakhand Teachers. Counsel for the petitioner submits that issue relating to compassionate appointment of legal heirs of Assistant teachers, who were regular government employees, till date of their death, has been considered in a decision reported in 2010 P.L.J.R. 339 (Brajesh Kumar & Others Vs. The State of Bihar and Others and analogous cases). The finding recorded in this decision is as follows:- “The law is well settled that classification can be made when employees fall into two different classes. Assistant Teachers appointed prior to 2006 Rules cannot be brought in the same class in which the teachers appointed under 2006 Rules have been put. Fathers/mothers of the petitioners were appointed under different rules and regulations through out their service career. They were governed by different service conditions rules, legally, even after their death their heirs should also be given same benefits for which legal heirs of any Government employees are entitled. Since the petitioners belonged to same class to which any other Government employees’ legal heirs belonged, as such - 5 - there could not have been this illegal and arbitrary classification. Equality Clause under Articles 14 and 16 of the Constitution of India, operates into every Act of the State and the State cannot deviate from it in the matters of compassionate appointment. This view has been propounded in the Division Bench decision of this Court in the case of Dilip Kumar Bhattacharya Vs. State of Bihar reported in 2004(4) PLJR 889.” In this decision in a similar circumstance, where the recommendation for compassionate appointment made, in case of legal heirs of deceased teachers, had been withdrawn by the Compassionate Committee, a direction has been issued to make fresh recommendation in favour of the legal heirs of Assistant Teachers for their appointment as per their eligibility on Class III and Class IV posts. Further direction has also been issued to appoint the legal heirs of Assistant Teachers, who were working on government posts on any Class III or Class IV posts in regular scale with all benefits, which is available to a government employee instead of their recommendation for their appointment on Panchayat/Prakhand teachers post on contractual basis in a - 6 - fixed salary. Accordingly, this application is being allowed with similar direction that earlier recommendation in favour of the petitioner by the District Compassionate Appointment Committee will be implemented by the respondent authorities. The District Magistrate –cum- Chairman, District Compassionate Appointment Committee, Jehanabad, Additional Collector (Establishment), Jehanabad, Regional Deputy Director of Education, Gaya, District Superintendent of Education, Jehanabad and District Education Officer, Jehanabad are directed to issue appointment letter in favour of the petitioner against any vacant post in the Education department or on any government post as per the recommendation of the District Compassionate Appointment Committee, Jehanabad earlier made in favour of the petitioner. Appointment letter must be issued within eight weeks from the date of production/communication of this order. DKS/ (Mridula Mishra, J.)