IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17529 of 2009 1. ARCHANA KANT W/O LATE RAN VIJAY KUMAR R/O MOHALLAH- SATISH SADAN VEER KUNWAR SINGH COLONY, GAYA, P.S.- MAGADH MEDICAL, DISTT.- GAYA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HUMAN RESOURCE DEVELOPMENT DEPTT. GOVT. OF BIHAR, PATNA 2. THE DIRECTOR, PRIMARY MIDDLE SCHOOL GOVT. OF BIHAR PATNA 3. THE DIVISIONAL COMMISSIONER, MAGADH DIVISION, GAYA 4. THE DISTRICT COLLECTOR, GAYA 5. THE REGIONAL DY. DIRECTOR MAGADH DIVISION, GAYA 6. THE DISTRICT EDUCATION OFFICER, GAYA 7. THE SUPERINTENDENT OF EDUCATION, GAYA ----------- 2 12.4.2010 Heard counsel for the petitioner and the counsel appearing for the State. Prayer of the petitioner is for a direction to the respondents to issue appointment letter in her favour as per the recommendation of the District Compassionate Committee, Gaya dated 27.2.2009. The District Compassionate Committee has made a recommendation for petitioner’s appointment on Class III post. The husband of the petitioner was Incharge Headmaster of Middle School Bakey Bazar, Gaya, died in harness on 13.12.2008 leaving behind the petitioner and minor children. Petitioner submitted her application for compassionate appointment and that was considered by District Compassionate Appointment Committee, in its 2 meeting dated 27 2.2009 and the District Compassionate Committee made recommendation for petitioner’s appointment on class III post. The grievance of the petitioner is that despite clear recommendation made by the District Compassionate Committee, the District Superintendent of Education, Gaya has issued letter No. 3678 dated 29.7.2009 asking petitioner to give consent for her appointment on Compassionate ground on the post of Panchayat/Prakhand/Nagar Teacher on contractual basis in a fixed salary. The reason assigned for issuance of such letters is that the Deputy Secretary, Department of Personnel and Administrative Reform, in its letter no. 2955 dated 22nd June, 2009 has issued a direction to appoint legal heirs of teachers and non teaching employees only on the post of Panchayat/Prakhand/Nagar Teacher on compassionate ground. Counsel for the petitioner submits that once recommendation has been made by the District Compassionate Committee for appointing on any class III posts, the District Superintendent of Education has 3 got no jurisdiction to issue appointment letter ignoring the recommendation made by the Compassionate Committee. Prayer of the petitioner is for a direction to the Regional Deputy Director Magadh Division, Gaya as well as District Superintendent of Education, Gaya to comply the order of the District Compassionate Committee and appoint her on the post, for which recommendation is made by the District Compassionate Committee on 27.2.2009. No counter affidavit is filed. However, this matter is being disposed off in the light of the decision reported in 2010 (1) PLJR 339 ( Brajesh Kumar and ors. vs. State of Bihar & ors). The entire matter relating to compassionate appointment of legal heirs of Assistant Teacher, in whose favour recommendation has been made by the District compassionate Committee for appointment on class III posts, has been discussed and decided in this decision. This decision fully covers the case of the petitioner. This application is allowed giving direction to the Regional Deputy Director Magadh Division Gaya 4 as well as District Superintendent of Education, Gaya for issuing appointment letter in favour of the petitioner on the post of regular Assistant teacher or in Class III post, for which a recommendation has been made by the District Compassionate Committee vide order dated 27.2.20098. Appointment letter must be issued in favour of the petitioner within a period of four weeks from the date of production/communication of this order. (Mridula Mishra,J.) A.kumar