IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13431 of 2009 1. PINKU SEHGAL S/O LATE VIJAY KUMAR SEHGAL AND LATE SMT. USHA KUMARI KAPOOR R/O MOH- JAY PRAKASH NAGAR, ROAD NO.1, P.S. CIVIL LINES, GEWAL BIGHA, DISTT. GAYA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 2. THE DISTRICT EDUCATION OFFICER GAYA 3. THE DISTRICT SUPERINTENDENT OF EDUCATION GAYA 4. THE DISTRICT COMPASSIONATE APPOINTMENT COMMITTEE THROUGH ITS SECRETARY CUM ADDITIONAL COLLECTOR (CEILING) GAYA 5. THE BLOCK DEVELOPMENT OFFICER GAYA ----------- 2 12.1.2010 Heard counsel for the petitioner and the counsel appearing for the State. Counsel for the petitioner is permitted to implead the Collector, Gaya, as Respondent no.6. Petitioner is the son of Smt. Usha Kumari Kapoor who died in harness on 10.10.2008 while posted as Assistant Teacher in Shavir Takiya Middle School, Gaya. Mother of the petitioner died in harness on 10.10.2008; as such he put an application for his appointment on compassionate ground against any Class III post as petitioner possessed qualification for a class III Government post. The application for the petitioner was duly forwarded by the District Superintendent of Education, Gaya to the District Compassionate Appointment Committee and the 2 District Compassionate Appointment Committee made recommendation for appointment on any Class III post. The District Superintendent of Education, Gaya thereafter sought for petitioner’s consent for his appointment in any school on the post of teacher and for which the petitioner gave his consent. The grievance of the petitioner is that though recommendation for his compassionate appointment was made by the Compassionate Appointment Committee for any class III Government post but in violation of the recommendation of the Compassionate Committee, his consent has been taken for appointment in a Municipal or Panchayat School, on a fixed salary on contractual basis. This act of the respondents is completely illegal and arbitrary. It has also been stated in Para 18 of the writ application that there are many posts vacant in the health, education and revenue department in the district of Gaya. The issue relating to compassionate appointment of legal heirs of Assistant Teachers, who died in harness while working in Primary and Middle School has already been settled by this Court in CWJC No. 10616 of 2009 and other analogous cases (Brajesh Kumar and ors. vs. State of Bihar and ors.). 3 Petitioner’s case is also being disposed of in terms reported decision i.e. 2010 (1) PLJR 339 (Brajesh Kumar Vs. State of Bihar & ors.). Considering the finding recorded in the reported decision, mother of the petitioner was not a teacher in terms of Rule 2 (iv) of 2006 Rules. Since she was a Government servant and in case of her legal heirs’ compassionate appointment, same provision which is applicable in case of the legal heirs of government servant, is applicable, petitioner’s appointment should have been against Class III Government posts. Recommendation is already there in favour of the petitioner made by the District compassionate Committee. The vacancies are also there as stated in para 18 of the writ application. As such the respondents have no reason for not considering the case of the petitioner for appointment against class III post. The District Superintendent of Education, Gaya and the District Magistrate, Gaya are directed to appoint the petitioner in Class III post in regular pay scale either in the Health, Education, Revenue or any Department where the vacancies are there. The appointment letter must be issued in favour of the petitioner within four weeks from the date of production/communication of this order. 4 The writ application stands allowed. (Mridula Mishra,J.) A.Kumar