IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12747 of 2009 JANARDAN SINGH. Versus THE STATE OF BIHAR & ORS. With CWJC No.13061 of 2009 RAJESH KUMAR. Versus THE STATE OF BIHAR & ORS. With CWJC No.12792 of 2009 MUNNI KUMARI. Versus THE STATE OF BIHAR & ANR. With CWJC No.17893 of 2009 KAMLESH KUMAR Versus THE STATE OF BIHAR & ORS. With CWJC No.14678 of 2009 AMADULLAH Versus THE STATE OF BIHAR & ORS. With CWJC No.12842 of 2009 AMIT ANAND. Versus THE STATE OF BIHAR & ORS. With CWJC No.2674 of 2008 1. PERWEJ QUMAR. 2. RAVI PRAKASH MISHRA 3. MANISH KUMAR TEWARY 4. RAVI PRAKASH 5. RAM SHANKAR PANDEY 6. PANKAJ KUMAR THAKUR 7. JITENDRA KUMAR PANDEY 8. SANJAY KUMAR 9. ARUN KUMAR GUPTA 10. NEELESHWAR KUMAR Versus THE STATE OF BIHAR & ORS. With CWJC No.7606 of 2009 SUNIL KUMAR PATHAK. Versus THE STATE OF BIHAR & ORS. With CWJC No.8928 of 2009 - 2 - MD.RAFAT ALI. Versus THE STATE OF BIHAR & ORS. With CWJC No.7824 of 2009 SUBODH THAKUR. Versus THE STATE OF BIHAR & ORS. With CWJC No.8386 of 2009 AKHILESHWAR RAM & ORS. Versus THE STATE OF BIHAR & ORS. With CWJC No.8541 of 2009 MD.SHAKIL AHMAD. Versus THE STATE OF BIHAR & ORS. With CWJC No.8716 of 2009 JAWAHAR PRASAD. Versus THE STATE OF BIHAR & ORS. With CWJC No.8685 of 2009 UMESH KUMAR. Versus THE STATE OF BIHAR & ORS. With CWJC No.8686 of 2009 VIJAY KUMAR BHARTI. Versus THE STATE OF BIHAR & ORS. With CWJC No.14491 of 2009 LAKESH KUMAR Versus THE STATE OF BIHAR & ORS. With CWJC No.17698 of 2009 RABINDRA PRASAD SINGH Versus THE STATE OF BIHAR & ORS. With CWJC No.17274 of 2009 DHARMENDRA KUMAR Versus THE STATE OF BIHAR & ORS. With CWJC No.11184 of 2009 - 3 - 1. SHAILENDRA KUMAR. 2. NITESH KUMAR 3. AJAY KUMAR 4. VIJAYRATNA PANKAJ Versus THE STATE OF BIHAR & ORS. With CWJC No.17533 of 2009 DHANANJAY KUMAR SINGH Versus THE STATE OF BIHAR & ORS. With CWJC No.12473 of 2009 VIKASH CHANDRA VIBHASH. Versus THE STATE OF BIHAR & ORS. With CWJC No.16627 of 2009 UDAY SHANKAR Versus THE STATE OF BIHAR & ORS. With CWJC No.17231 of 2008 LOKESH KUMAR TRIPATHY. Versus THE STATE OF BIHAR & ORS. With CWJC No.16007 of 2008 1. SUMAN RAJAN 2. VIJAY PRATAP RAO Versus THE STATE OF BIHAR & ORS. With CWJC No.14714 of 2009 PAWAN KUMAR Versus THE STATE OF BIHAR & ORS. With CWJC No.654 of 2008 RAJEEV RANJAN TIWARI. Versus THE STATE OF BIHAR & ORS. With CWJC No.698 of 2008 SHREE NIWAS SINGH. Versus THE STATE OF BIHAR & ORS. With CWJC No.721 of 2008 - 4 - AMARENDRA KUMAR SAURABH. Versus THE STATE OF BIHAR & ORS. With CWJC No.1461 of 2008 RITESH KUMAR PANDEY. Versus THE STATE OF BIHAR & ORS. With CWJC No.3638 of 2008 ISHTIYAQUE AHMAD. Versus THE STATE OF BIHAR & ORS. With CWJC No.10073 of 2008 SUSHIL KUMAR. Versus THE STATE OF BIHAR & ORS. With CWJC No.10078 of 2008 SAMPURNA KUMAR. Versus THE STATE OF BIHAR & ORS. With CWJC No.11492 of 2008 SATYA PRAKASH YADAV. Versus THE STATE OF BIHAR & ORS. With CWJC No.11495 of 2008 UPENDRA KUMAR. Versus THE STATE OF BIHAR & ORS. With CWJC No.14448 of 2008 BRAJESH KUMAR SINGH. Versus THE STATE OF BIHAR & ORS. With CWJC No.11493 of 2009 SANJEEV KUMAR. Versus THE STATE OF BIHAR & ORS. With CWJC No.15292 of 2008 DHANANJAY KUMAR. Versus THE STATE OF BIHAR & ORS. With CWJC No.14151 of 2009 DIPAK KUMAR SINGH - 5 - Versus THE STATE OF BIHAR & ORS. With CWJC No.17255 of 2009 BAM SHANKAR KUSHWAHA Versus THE STATE OF BIHAR & ORS. With CWJC No.5744 of 2009 1. RAJIV RANJAN MISHRA 2. MUKUND MADHAV 3. DUSHYANT KUMAR 4. SWAVYAM PRAKASH OJHA Versus THE STATE OF BIHAR & ORS. With CWJC No.13234 of 2009 RABINDRA RAM @ RAVINDRA RAM Versus THE STATE OF BIHAR & ORS. With CWJC No.11048 of 2009 SANJEET KISHOR DWIVEDI. Versus THE STATE OF BIHAR & ORS. With CWJC No.11675 of 2009 NAVIN KUMAR. Versus THE STATE OF BIHAR & ORS. With CWJC No.17858 of 2008 1. MUKESH 2. SANJEEV KUMAR UPADHYAY Versus THE STATE OF BIHAR & ORS. With CWJC No.10056 of 2009 SANJAY KUMAR GUPTA. Versus THE STATE OF BIHAR & ORS. With CWJC No.10057 of 2009 UMESH KUMAR RAM. Versus THE STATE OF BIHAR & ORS. With CWJC No.10058 of 2009 JAIN KUMAR PANDEY. Versus THE STATE OF BIHAR & ORS. - 6 - With CWJC No.10124 of 2009 RABINDRA KUMAR JHA. Versus THE STATE OF BIHAR & ORS. With CWJC No.10118 of 2009 SANTOSH KUMAR TIWARI. Versus THE STATE OF BIHAR & ORS. With CWJC No.13681 of 2009 SAKET KUMAR Versus THE STATE OF BIHAR & ORS. With CWJC No.14297 of 2009 1. AMRITESH ASHUTOSH 2. NIRAJ KUMAR RAI 3. GITANSHU KUMAR PANDEY Versus THE STATE OF BIHAR & ORS. With CWJC No.17690 of 2009 PANKAJ KUMAR SRIVASTAVA Versus THE STATE OF BIHAR & ORS. With CWJC No.12970 of 2009 MANISH KUMAR SINGH. Versus THE STATE OF BIHAR & ORS. ----------- FOR THE PETITIONERS: - MR. SATISH CHANDRA JHA, ADVOCATE, (In CWJC Nos. 14678/09, 654/08, 698/08, 721/08, 1461/08, 10073/08, 10078/08, 11492/08, 11495/08, 14448/08, 15292/08). MR. SANJAY KUMAR SIHGH & MR. RAVINDRA NATH DUBEY, ADVOCATES (In CWJC No.12747/09) MR. SHREE KANT PANDEY, ADVOCATE (In CWJC No. 17893 of 2009) MR. SHASHI PRIYA PATHAK, ADVOCATE (In CWJC Nos. 12842/09, 12473/09) MR. BAJARANGI LAL, ADVOCATE (In CWJC Nos. 14491/09, 17533/09, 17690/09) MR. BIPIN BIHARI SINGH, ADVOCATE (In CWJC Nos. 13681/09, 14297/09) FOR THE STATE: - MR. FAZAL RAHMAN G.P.6 MR. AMISUR RAHMAN, A.C. (In CWJC No. 10124/09) MR. MD. ASLAM ANSARI (In CWJC No. 17893/09) - 7 - 03/ 08.01.2010 Petitioners in these writ applications are the dependents and legal heirs of Assistant Teachers, who died in harness, while working in Primary and Middle Schools. In case of some of the petitioners recommendation was made by the District Compassionate Appointment Committee for their appointment on Class III Government posts considering their educational qualification. In some cases ignoring the recommendation of the District Compassionate Appointment Committee for petitioners’ appointment on Class III posts, they have been appointed on the post of Panchayat Teachers/ Block Teachers in the fixed salary. In other cases the applications filed by the petitioners have been returned, in view of the order issued by the Deputy Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna vide letter no.2955 dated 22.6.2009, whereby the Deputy Secretary, Department of Personnel and Administrative Reforms has directed the District Compassionate Appointment Committee not to recommend for compassionate appointment in case of legal heirs of teachers and non teaching employees in Primary and Middle Schools - 8 - on any Government Class III and Class IV posts. In some cases petitioners having no option have been joined on Panchayat Teachers and Prakhand Teachers in the fixed salary, but they have moved before this Court for a direction to the respondents to appoint them on compassionate ground on any Class III/Class IV Government posts as per their eligibility and recommendation of the District Compassionate Appointment Committee or allowed them to regular pay scale of a government employee. The issues, which are related in all these writ applications, have already been decided by this Court in C.W.J.C. No. 10616 of 2009 and Analogous cases. In these writ applications it has been held that Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006 relating to appointment and service conditions of teachers in Primary and Middle Schools at Panchayat / Prakhand level will not have any application in the case of Assistant Teachers, who died in harness and their representatives have been governed by a separate service conditions rule. It has also been held that only such teachers, who were, however, appointed on or after 1.7.2006 or - 9 - absorbed on 1.7.2006 under the Rules provided under Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules will be governed by the definition of teacher under Rule 2 (iv) of 2006 Rules. Petitioners not have legal heirs of teachers, who will come within Rule 4 of 2006 Rules. In their cases, the direction issued by the Deputy Secretary, Department of Personnel and Administrate Reforms, Government of Bihar, Patna vide letter no. 2955 dated 22.6.2009 will not have any application. It has also been held in this case that classification can be made only 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. Discussing all relevant rules and law, finally a direction has been issued to the respondents to consider the case of the petitioners’ appointment in the light of letter no. 6905 dated 17.10.2008 issued by Personnel and Administrative Reforms Department, Government of Bihar, Patna, where it has clearly been pointed out that the posts of Panchayat/Prakhand/Nagar Shikshaks are not the posts - 10 - under the State Government and with respect to such posts the District Compassionate Committee cannot made any recommendation since it is beyond the jurisdiction of the District Compassionate Appointment Committee. Further direction has been issued to appoint the petitioners on the Government posts as per the recommendation of the District Compassionate Appointment Committee and allow regular pay scales of an Assistant Teacher. In such cases, where the application of the petitioners have been returned by the District Compassionate Appointment Committee, a direction has been issued to recall such applications filed by the petitioners for the compassionate appointment and make recommendation considering the qualification on any Class III or Class IV posts. A direction has also been issued in respect of such petitioners, who have no any option, have joined on the post of Panchayat/ Prakhand teachers on a fixed salary, to make payment of salary in the regular scale and also to make payment of arrears of salary in the regular scale. All these writ applications are allowed giving similar directions as mentioned above. The respondents will - 11 - comply the direction of this Court in case of the petitioner as in the earlier writ applications. These writ applications were decided in the judgment passed in C.W.J.C. No. 10616 of 2009 and Analogous cases will apply in case of all similarly situated persons. As directed earlier, there should not be any undue delay in compliance of the direction of this Court, preferably the direction of this Court should be complied with within twelve weeks from the date of production/communication of this order. DKS/ (Mridula Mishra, J.)