IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.669 of 2009 SHAMBHU SHARAN SINGH . Versus THE STATE OF BIHAR & ORS . ----------- 02. 23.06.2011 Heard learned counsel for the petitioner and the State. The relief prayed by the petitioner is for a direction to the Respondents for making his appointment on compassionate ground, since his father, who was working as Assistant Teacher at Primary School Mirjachal Bariyarpur in the district of Munger, died in harness on 04.06.2002. Petitioner submitted his application for compassionate appointment on 27.09.2005, which was duly forwarded by the Principal of the concerned school to the DSE, Munger and, subsequently, to the District Compassionate Committee, the Chairman of who was District Magistrate, Munger. Petitioner’s case is that the meeting of the District Compassionate Committee was held on 19.08.2006 and recommendation in favour of his compassionate appointment was made vide letter dated 23.10.2006 (Annexure-2). However, till date appointment letter has not been issued in his favour. Counter Affidavit filed on behalf of the 2 District Superintendent of Education, Munger, Respondent No. 8, indicates that the appointment on compassionate basis is subject to the vacancy. Despite recommendation by the Compassionate Committee, unless there are vacancies, appointment letter could not be issued. The recommendation in favour of the petitioner has been made for his appointment on Class-III post, since there were no vacancies of Class – III post, as such, the Regional Deputy Director of Education, Munger informed the District Superintendent of Education, Munger vide letter no. 1224, dated 04.12.2008 that petitioner’s appointment on Class – III post is not possible. As per the direction of the RDDE, letter was sent to the petitioner, seeking his consent for his appointment on the post of Panchayat Teacher or any other Class – IV post. Since there is no response from the side of the petitioner, no appointment letter could be issued. Counsel for the petitioner submits that considering the hardships being faced by his family, the petitioner is ready to accept appointment, even on the post of Panchayat Teacher or any other Class – IV post. Since petitioner is desirable for joining on 3 the post of Panchayat Teacher or any other Class – IV post, the DSE, Munger, Respondent No. 8 is directed to issue appointment letter in favour of the petitioner, immediately on receipt / communication of this Order. In no case, there should be any delay in issuance of appointment letter for more than two weeks from the date of production / communication of this Order. Accordingly, this Writ Application is disposed of. SKM (Mridula Mishra, J.)