IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17158 of 2009 1. HIMANSHU SHEKHAR S/OLATE MATHURA PRASAD YADAV, R/O VILL- DIGHI KHURD, P.O- DIGHI KALA,P.S- SADAR HAJIPUR, DISTT- VAISHALI Versus 1. THE STATE OF BIHAR 2. THE DEPUTY SECRETARY OF THE GOVERNMENT, PERSONAL AND ADMINISTRATIVE REFORM DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT COMPASSIONATE APPOINTMENT COMMITTEE, VAISHALI, THROUGH ITS CHAIRMAN, THE DISTRICT MAGISTRATE, VAISHALI 4. THE DISTRICT MAGISTRATE, VAISHALI 5. THE DISTRICT SUPRINTENDENT OF EDUCATION, VAISHALI 6. THE BLOCK DEVELOPMENT OFFICER HAJIPUR, VAISHALI 7. THE BLOCK EDUCATION EXTENTON OFFICER HAJIPUR (WEST), VAISHALI FOR THE PETITIONER : - MR. SHASHI BHUSHAN KUMAR, ADVOCATE FOR THE RESPONDENTS : - MR. UDAI SHANKAR SINGH, AC TO GA 3. ----------- 02/ 01.04.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s prayer is for a direction to the respondents to issue appointment letter in his favour on any Class III posts as per the recommendation of the District Compassionate Committee dated 10.7.2008 contained in Memo No. 512. Petitioner’s father died in harness while working as Headmaster in Kenya Middle School, Majlishpur, Block – Bidupur in the district of Vaishali, on 15.12.2005. The application submitted by the petitioner before District Compassionate Committee was considered and recommendation was made on 10.7.2008. The petitioner thereafter was asked to submit affidavit for giving consent - 2 - for his appointment on the post of Panchayat/Block Teacher. It has been submitted by the petitioner’s counsel that the petitioner gave his consent, with protest, for the reason that the family was facing starvation and immediate financial assistance was needed to save the life of the members of the family. It has also been submitted that the petitioner’s case is fully covered by the decision reported in 2010 (1) PLJR 339 (Brajesh Kumar & Others Vs. The State of Bihar & Others). Counter affidavit has been filed on behalf of the State placing reliance on a letter issued under the signature of Commissioner –cum- Secretary, Human Resources Development Department dated 28.12.2006, where it is stated that after coming into force of 2006 Rules, all provisions/orders/directions/resolutions of the State Govt. relating to the appointment and other service conditions of Primary Teachers will deemed to have been repealed and they may treated as Panchayat teacher/Prakhand Teacher. I find that though this letter will not have any application in the case of the petitioner, as his father died in the year, 2005 prior to issuance of the letter dated - 3 - 28.12.2006 (Annexure-A). Any Government circular/resolution will have prospective effect and it will not have any retrospective effect. Since the father of the petitioner died as a Govt. employee in the year, 2005, as such in case of compassionate appointment of his legal heirs, circulars/resolutions/directions, relating to teachers working in Government School, will have application. In view of the reported decision 2010 (1) PLJR 339 and also considering the fact that Annexure-A to the counter affidavit cannot have any application in the case of petitioner, the prayer of the petitioner is allowed. Respondents are directed to issue appointment letter in favour of the petitioner, on any Class III posts in a regular pay scale. The order must be issued within four weeks from the date of production/communication of this order. This application is allowed. DKS/ (Mridula Mishra, J.)