IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12704 of 2009 RANJEET KUMAR PANDEY . Versus THE STATE OF BIHAR & ORS . ----------- 2 11.12.2009 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner’s prayer is for a direction to the respondent authorities to allow him regular scale of Primary Teacher (Assistant Teacher) as admissible to the regular appointees under the State Government, considering his entitlement for the post and the recommendation made by the District Compassionate Appointment Committee in favour of the petitioner in this regard. Further prayer is for a direction to the respondent-State and its authorities to treat him as a Government servant since the date of appointment and allow him all consequential benefit attached to such posts. Petitioner’s father was working on the post of Assistant Teacher in Primary School Sallahpur, Tiwari Tola under Sindhwalia Anchal in the district of Gopalganj. He died in harness on 17.3.2005, as such petitioner filed an application for his compassionate appointment. The application of the petitioner was considered by the District Compassionate 2 Appointment Committee, Gopalganj on 20.9.2009 under the Chairmanship- of the District Magistrate, Gopalganj and recommendation was made for his appointment on Class III (Teacher) under the State Government. However ignoring the recommendation of the District Compassionate Appointment committee the Block Development Officer has issued an appointment letter for petitioner’s appointment on the post of Prakhand Shikshak which is not under the State Government and for which there was no recommendation of the District Compassionate Appointment Committee. Petitioner has given reference of State Government’s letter No.6905 dated 17.10.2008 issued by the Department of Personnel & Administrative Reforms, whereby a specific direction has been issued by District Compassionate Appointment Committee not to make any recommendation for appointment on the post of Panchayat/Prakhand Teacher as these are not posts under the State Government. Ignoring the specific direction of the State Government as well as the recommendation of the Compassionate Committee petitioner was appointed on the post of Prakhand Teacher which is not under the State Government and for which there was no recommendation. 3 Counsel for the petitioner has placed on a decision of this Court passed in CWJC No. 9930 of 2009 ( Pooja Mishra and others vs. State of Bihar and others). In this judgment in the similar circumstance, it has been held that recommendation with respect to those persons whose parents were working in the State Government, can not be made against the post of Panchayat/Prakhand Teachers, they should be recommended against Class III or Class IV Government posts. The recommendation of the Compassionate Committee cannot be reviewed by the authorities. In this case a specific direction was issued to the District Magistrate, Siwan to take action and issue appointment letter in favour of the petitioners for their appointment on any class III or suitable posts. Counsel for the petitioner submits that since in his case there was specific direction of the compassionate Committee for appointment on Class III posts, he should have been appointed on such post only the recommendation of the Compassionate Committee should not have been reviewed or modified by the BDO individually. This application is being allowed. The Respondent District Magistrate Gopalganj and the 4 District Superintendent of Education, Gopalganj are directed to appoint the petitioner on the post of Primary teacher(Assistant Teacher on Class III post in a regular scale with all consequential benefits attached to such posts instead of a post of Prakhand teacher on contractual basis. Such orders must be passed within four weeks from the date of production/communication of this order. (Mridula Mishra,J.) A.Kumar