IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17559 of 2009 1. MD.AMANULLAH S/O LATE MD. MEYAZUL HAQUE R/O VILL BARIYARPUR, P.S.DUMRA, DISTT-SAMARHI, AT PRESENT POSTED AT MIDDLE SCHOOL, RIKHAULI(DUMARA) SITAMARHI ON THE POST OF PRAKHAND SIKSHAK 2. MADNESHWAR KUMAR S/O LATE KRIT NARAYAN MISHR R/O VILL KHAIRA PAHARI, P.S.PURNAHIYA, SHEOHAR AT PRESENT POSTED AT RJKIYA MADHYA VIDYALAYA,MADAR (RIGA), SITAMARHI, ON THE POST OF PRAKHAND SHIKSHAK 3. PRASHANT KUMAR S/O LATE MADAN MOHAN PRASAD R/O MOH CHANDMARI, P.S.MOTIHARI, DISTT-EAST CHAMPARAN AT PRESENT POSTED AT GOVT. MIDDLE SCHOOL , RAMNAGAR(RIGA),DISTT-SAMASTIPUR ON THE POST OF PRAKHAND TEACHER 4. MD.AMANULLAH S/O LATE MD. KASIM R/O VILL SUTIHARA, P.S. PARIHAR, DISTT-SITAMARHI AT PRESENT POSTED AT PRIMARY SCHOOL , SUTIHARA URDU(PARIHAR), DISTT-SITAMARHI ON THE POST OF PANCHAYAT TEACHER 5. SANJAY KUMAR SINGH S/O SRI KISHORI PRASAD SINGH R/O VILL MAJHAULIYA, PS.BATHNAHA,DISTT-SITAMARHI AT PRESENT POSTED AT MADHYA VIDYALAYA , GISARA(PARSAUNI), DISTT-SITAMARHI ON THE POST OF PRAKHAND SHIKSHAK 6. UMA SHANKAR SINGH S/O LATE BINDESHWARI SINGH R/O NAYA TOLA, RIGA ROAD , WARD NO.2, DISTT-SITAMARHI, AT PRESENT POSTED AT PRARAMBHIK VIDYALAYA, BHAVEDPUR, CHANDIHA, SITAMARHI, ON THE POST OF PANCHAYAT TEACHER 7. AKHILESH KUMAR S/O LATE SATYENDRA NARAYAN SINGH R/O AURA, P.S.TARIYANI,DISTT-SHEOHAR AT PRESENT POSTED AT MADHYA VIDYALAYA, SAMAUL,SAHPUR RUNI SAIDPUR, DISTTT-SITAMARHI ON THE POST OF PRAKHAND SHIKSHAK 8. RAVI SHANKAR S/O LATE OM PRAKASH JAISWAL R/O MOH SHYAM NANDAN , ROAD, WARD NO.- 25,P.S.MUZAFFARPUR(TOWN),DISTT-MUZAFFARPUR AT PRESENT POSTED AT MIDDLE SCHOOL, RUNI SAIDPUR, DISTT-SITAMARHI, ON THE POST OF PRAKHAND SHIKSHAK Versus 1. THE REGIONAL DEPUTY DIRECTOR EDUCATION, TIRHUT DIVISION,MUZAFFARPUR 2. THE STATE OF BIHAR THROUGH THE COMMISSIONER-CUM -SECRETARY, HUMAN RESOURCES DEPARTMENT VIKASH BHAWAN, PATNA 3. THE DIRECTOR ELEMENTARY EDUCATION, VIKASH BHAWAN, PATNA 4. THE COLLECTOR SITAMARHI 5. THE DISTRICT SUPERINTENDENT OF EDUCATION SITAMARHI ----------- - 2 - 2 13.4.2010 Heard counsel for the petitioners and the counsel appearing fort the State. Petitioners are legal heirs of Assistant Teachers working in different Schools, who died in harness in between 2001-2003. The application for compassionate appointment filed by the petitioners were considered by the District Compassionate Committee of Sitamarhi and in case of all the petitioners recommendation had been made for their appointment on post of Panchayat Teacher/Prakhand Teacher. Petitioners’ grievance is that the recommendation by the District Compassionate Committee is in violation of the direction issued by the Department of Personnel and Administrative Reforms, Govt. of Bihar contained in official letter dated 17.10.2008. The Department of Personnel and Administrative Reforms, through this letter has issued direction to Collectors of all Districts, who are Chairman of District Compassionate Committee, as well as to other authorities, not to make recommendation for compassionate appointment of legal heirs of teachers, non teachings employees, on the post of Prakhand/Panchayat/Nagar Teacher, as their posts are not the posts under the State - 3 - Government. In complete violation of this direction, the District Compassionate Committee of Sitamarhi has made recommendation in favour of the petitioners for their appointment on the post of Panchayat/Prakhand/Nagar Teacher, though it is not the post under the State Government. The District Compassionate Committee, could not have made such recommendation, in complete violation of the direction issued by Department of Personnel and Administrative Reforms. Counsel for the petitioners also submits that their fathers were working on the Government posts till the date of their death and being governed by the Service Conditions Rules applicable in the case of a Government Employee. In case of compassionate appointment of their legal heirs, recommendations should have been made by the District Compassionate Committee for any Govt. posts and not on such posts which is not within the domain of the State Government. Counsel for the petitioners has placed reliance on an unreported decision of this Court passed in C.W.J.C. No. 5188 of 2009 (Amrendra Kumar and ors. Vs. state of Bihar - 4 - and ors.) as well as the decision reported in 2010(1) PLJR 339 (Brajesh Kumar and ors. Vs. State of Bihar & ors.).I find that the decision relied upon by the petitioners and the finding recorded therein is fully applicable in the petitioners’ case. This writ application is being disposed off in terms of the finding recorded in 2010(1) PLJR 339 ( Brajesh Kumar and ors. Vs. state of Bihar & ors.). The respondents, District Compassionate Committee of Sitamarhi, its Chairman and members are directed to make fresh recommendation in favour of the petitioners, for their appointments on any class III posts or class IV posts, considering their qualification. Since the earlier recommendation is contrary to the direction of Personnel and Administrative Reforms, Government of Bihar, dated 17.10.2008, fresh recommendation must be made in favour of the petitioners within four weeks from the date of production/communication of this order. Till that date the petitioners will continue on their posts as per earlier recommendation, as the family has no other source of income, except salary/honorarium being received by the - 5 - petitioners. (Mridula Mishra,J.) A.Kumar