IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9930 of 2009 1. POOJA MISHRA, WIFE OF LATE CHANDRABHUSHAN MISHRA, RESIDENT OF AYODHYAPURI, GALI NO. 3, SRINAGAR, P. O. & P.S. –SIWAN, DISTRICT-SIWAN 2. GAURAV KUMAR, SON OF LATE NEELAM KUMARI, RESIDENT OF VILLAGE-MAHANA, P.O. BANSOHI-VIA-MASRAKH, P.S.- BHAGWANPURHAT, DISTRICT-SIWAN. 3. MUKESH KUMAR SINGH, SON OF LATE BASUDEO PRASAD, RESIDENT OF VILLAGE-MARDAPUR, P.O.-BARAHAMGOPAL, P.S. SIWAN (SADAR0, DISTRICT-SIWAN. 4. KUMAR VIJETA, SON OF LATE RAMAKANT YADAV, RESIDENT OF VILLAGE-BARDHAN, P.O. MUSTAFABAD, P,S. GORAIYA KOTHI, DISTRICT-SIWAN. …………. ………… PETITIONERS. Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATRIVE REFORMS, GOVERNMENT OF BIHAR, PATNA. 3. DISTRICT MAGISTRATE, SIWAN-CUM-CHAIRMAN, DISTRICT COMPASSIONATE COMMITTEE, SIWAN. 4. DISTRICT SUPERINTENDENT OF EDUCATION, SIWAN. ……………. RESPONDENTS. FOR THE PETITIOENRS: MR. TEJ BAHADUR SINGH, SR. ADVOCATE MR. GYAN SHANKAR FOR THE STATE : MR. A.C. TO S.C. 17 ----------- 2. 1-Sep-09 Heard the counsel for the petitioners and the counsel appearing for the state. All three petitioners have been recommended by the District Compassionate Committee, Siwan for appointment on class-III posts in the light of decision taken on 22nd June, 2009, reviewing earlier recommendation dated 10.04.2007/24.08.2007/20.11.2007. Petitioners were earlier recommended by the District Compassionate Committee in its meeting held on different dates for their compassionate appointment on the post of Panchayat teachers on account of death of the husband of petitioner No. 1, mother of petitioner No. 2 2 and father of petitioner Nos. 3 & 4. Husband of petitioner no. 1 was assistant teacher in high school, mother of petitioner no. 2 was also a teacher in primary school, and father of petitioner Nos. 3 & 4 was also assistant teacher in government middle school. Petitioners, in the light of earlier recommendation joined on that posts but subsequent to their appointment, the cases of petitioners were reviewed by the District Compassionate Appointment Committee in the light of the Circular issued by the Department of Personnel and Administrative Reforms. By this letter, the Department of Personal & Administrative Reforms decided that the District Compassionate Committee cannot make recommendation for appointment against the post of Panchayat/Prakhand teacher, since they are not under the Government and the status of local bodies are independent and autonomous. It was also decided that the recommendations with respect to those persons whose parents were working as Government Employees, can be made by the District Compassionate Appointment Committee against the post of Panchayat/Prakhand Teacher considering their qualification. They should have been recommended against class-III post. So far the petitioners are concerned, all of them have qualification for being recommended against class-III posts and considering these facts that the recommendations earlier made for their appointment as Panchayat Teacher/Prakhand Teacher was considered to be illegal and without jurisdiction. Accordingly, in 3 the meeting of the Compassionate Committee dated 22.06.2009, earlier recommendation dated 10.04.2007, 24.08.2007 and 24.11.2007, whereby petitioner Nos. 1, 2, 3 & 4 were recommended for appointment on the posts of Panchayat /Prakhand Teacher were reviewed. The Compassionate Appointment Committee reviewing the earlier recommendation came out with a fresh recommendation for petitioner’s appointment on class-III posts. Grievance of the petitioners is that on account of review of earlier recommendation, the petitioners’ appointment on the post of Panchayat/Prakhand teacher has come to an end. Till date, the reviewed recommendation has not been implemented, as such, petitioners have not been appointed anywhere. Simple prayer of the petitioners is for a direction to implement reviewed recommendation made on 22nd June, 2009 whereby all four petitioners were recommended compassionate appointment on class-III post. Considering the fact that recommendation has already been made for appointment, the District Magistrate, Siwan, respondent no. 3 and the District Superintendent of Education, Siwan are directed to immediately take decision in this regard, issue appointment letters in favour of the petitioners for their appointment on any class-III posts of a suitable place. This writ application is, accordingly, allowed. Akv/ (Mridula Mishra, J.)