IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17519 of 2009 1. MANISH KUMAR S/O LATE BIRENDRA KUMAR MISHRA R/O MOHALLAH- C/O YOGINDRA MISHRA, SHASTRI NAGAR, JAIL ROAD, P.S.- RAMPUR, 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. Petitioner’s father while working on the post of Assistant Teacher in Middle School, Kotorawa Bodh Gaya, died in harness on 28.9.2008, leaving behind four children including the petitioner. Petitioner having graduate degree, applied for his compassionate appointment. The District Compassionate Appointment Committee in its meeting dated 27.2.2009 considered petitioner’s application and made a recommendation for his appointment on Class III post, on the basis of his written examination. The recommendation of the District Compassionate Appointment Committee was not considered by the District Education Officer, Gaya and 2 instead of issuing a letter for petitioner’s appointment on any regular Class III post, having regular scale, asked the petitioner for appointment on the post of Panchayat/Prakhand Teacher on contractual post. Petitioner’s case is that he did not give his consent for appointment on the post of Panchayat/Prakhand teacher on contract basis, since there was no such recommendation for his appointment by the District Compassionate Committee. Prayer of the petitioner is for a direction to the Regional Deputy Director of Education, Magadh Division Gaya as well as District Education Officer, Gaya to issue appointment letter in his favour in compliance of the recommendation of the District Compassionate Committee. No counter affidavit has been filed. However, this matter is being disposed of in the light of the decision reported in 2010 (1) PLJR 339 ( Brajesh Kumar and others vs. State of Bihar & ors). The entire matter relating to compassionate appointment of the legal heirs of Assistant Teachers, in whose favour, recommendation has been made by the District Compassionate 3 Appointment Committee for appointment on Class III post, has been discussed and decided in the reported decision. This decision fully covers the case of the petitioner. This application is being allowed giving direction to the Regional Deputy Director of Education, Magadh Division, Gaya as well as District Superintendent of Education, Gaya for issuance of appointment letter in favour of the petitioner on post of regular Assistant Teacher or any Class III post, for which recommendation has been made by the District Compassionate Appointment committee vide order dated 27.2.2009. Appointment letter must be issued in favour of the petitioner within a period for four weeks from the date of production/communication of this order. (Mridula Mishra,J.) A.Kumar