IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5251 of 2009 ABHIMANYU KUMAR, S/O LATE SHIVNANDAN PRASAD, RESIDENT OF VILLAGE – ASHADHI, P.O. –ASHADI, DISTRICT – NALANDA. ………. PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER –CUM- SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR OF PRIMARY EDUCATION, BIHAR, PATNA. 4. THE DISTRICT MAGISTRATE –CUM- COLLECTOR, NALANDA AT BIHARSHARIF. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, NALANDA AT BIHARSHARIF. ……… RESPONDENTS. ----------- 02/ 05.08.2011 Heard counsel for the petitioner and counsel appearing for the State. Petitioner has filed this application for a direction to the respondents for making payment of his salary in the pay scale of Rs. 3050-4590 as decided in the meeting of compassionate committee held on 29.7.2005 under the Chairmanship of District Magistrate, Nalanda at Biharsharif.. Petitioner’s father died in harness while working as Assistant teacher at Madhya Vidayalaya, Srinagar, Chandi in the district of Nalanda. Petitioner filed his application for compassionate appointment in prescribed format and the District Compassionate Committee in its’ meeting dated 29.7.2005, held under the Chairmanship of District Magistrate, Nalanda, decided to appoint petitioner on Class III post. As per the 2 recommendation of the compassionate Committee appointment letter was issued to the petitioner, but instead of appointing him on Class III post he has been appointed as Panchayat teacher. Petitioner gave joining on the post of Panchayat teacher, since family was passing through financial crisis, but he filed this application for making payment of salary in the pay scale, for which his name had been recommended by the Compassionate Committee. Counter affidavit has been filed on behalf of D.S.E., Nalanda, petitioner has claimed for such relief placing reliance on orders passed in C.W.J.C. No. 8014 of 2007 and C.W.J.C. No. 7938 of 2007, in which the District Magistrate, Nalanda, Biharsharif and District Superintendent of Education, Nalanda, Biharsharif were directed to make payment of arrears of salary and current salary to the writ petitioners in the same pay scale, for which recommendation had been made for their appointment by the Compassionate Committee. L.P.A. has been preferred by the State, against the order passed in those writ applications but as directed by the Writ Court, writ petitioners are being paid their salary in the 3 pay scale of Rs.3050-4590, subject to the order passed in the L.P.A. So far petitioner is concerned, he was asked to give his consent for being appointed as Panchayat teacher, only, when he consented for his appointment, on the post of Panchayat teacher, appointment letter has been issued in his favour. He cannot claim for his salary in the pay scale of Rs.3050-4590, as consolidated salary of Rs.4,000/- per month is the salary for the post of Panchayat teacher, under 2006 Rules. Along with the counter affidavit an order contained in Memo No. 4664 dated 7.10.2009 has been annexed as Annexure-A, where by salary in the pay scale of Rs.3050-4590 has been allowed to the petitioner, like writ petitioners of C.W.J.C. No. 8014 of 2007 and C.W.J.C. No. 7938 of 2007, subject to final order passed in the L.P.A. Considering the fact that grievance of the petitioner has been redressed, this application is disposed of. DKS/ (Mridula Mishra, J.)