IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4689 of 2007 INDU DEVI, w/o Late Chandrabhan Sharma, resident of village- Bikaur, PO Piprahiya, PS Assaw, District Siwan. …. Petitioner. Versus 1. THE STATE OF BIHAR 2. The Commissioner-cum- Secretary, Deptt. Of Human Resources (Primary Education), Govt. of Bihar, Patna. 3. The Director Education, Govt. of Bihar, Patna. 4. The District Compassionate Committee Siwan through its Chairman (The Collector Siwan), District Siwan. 5. The Collector Siwan, District Siwan. 6. The District Supdt of Education, Siwan 7. The Deputy Collector (Estb.), Dist. Siwan. … Respondents. ----------- 2. 01.04.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner in this writ application seeks a direction for her appointment on compassionate ground. Counsel for the petitioner would submit that though the case of the petitioner was duly considered by the competent authority, namely, District Compassionate Appointment Committee which had also recommended her case for appointment on a Class III post under District Superintendent of Education, Siwan but the said authority, District Superintendent of Education, Siwan did not appoint her and had sent the 2 matter back to the Committee for a reconsideration by taking a plea that in view of 2006 Rules, he had no longer the power of making appointment on a Class III post. Counsel for the petitioner, in this context, has also explained that though the Collector of District Siwan had also considered similar case of Sanjay Kumar Maurya who too was recommended by the committee for appointment on a Class III post under District Superintendent of Education, Siwan by appointing him on a Class III post under the Collectorate itself, similar treatment had not been extended to the petitioner and that is how the petitioner, widow with four children are still moving from pillar to post for getting some sort of relief for sustenance of the family of the deceased employee. In this case, though a counter affidavit has been filed but this aspect of the matter has not been answered as to what action was taken by the Collector of Siwan District, when the District Superintendent of Education, Siwan had shown his inability in making appointment of the petitioner as per recommendation of 3 the District Compassionate Appointment Committee. The counter affidavit had been filed by District Superintendent of Education, Siwan on 20.8.2010 and therefore he was under obligation to give full details even after making enquiry from the office of the Collector of Siwan district inasmuch as in absence of such information, the whole counter affidavit does not serve any purpose. This Court would also regretfully record that it was the obligation of District Superintendent of Education, Siwan to state clearly in the counter affidavit as to whether there was any vacancy under his jurisdiction either of a Class III or Class IV post on which the petitioner could have been appointed. The recommendation of the District Compassionate Appointment Committee is of course not the last word inasmuch as the appointing authority will always have that much of liberty to issue an order of appointment even on an inferior post beyond one on which recommendation has been made by the District Compassionate Appointment Committee. The learned counsel for the petitioner has 4 submitted that the petitioner is prepared to accept any appointment including even on a Class IV post and therefore this Court would direct the District Superintendent of Education, Siwan to examine as to whether he has vacancy even on a class IV post under him and if there be such vacancy, the petitioner should be appointed forthwith. It would be also open for the District Superintendent of Education now to follow 2006 Rules and examine as to whether the petitioner can be appointed on a post of Prakhand Shikshak/ Panchayat Shikshak and if the petitioner would meet the prescribed condition for appointment as Prakhand Shikshak/ Panchayat Shikshak, the District Superintendent of Education, Siwan will do all that is required in law to ensure that the appointment of the petitioner is made against the post of Prakhand Shikshak/ Panchayat Shikshak. In this exercise, the District Superintendent of Education, Siwan must be extended full co-operation by the authority having the power of making appointment on the post of Panchayat Shikshak/ Prakhand Shikshak. The real concern of this Court is that the 5 appointment of the petitioner on compassionate ground be made on any vacant post. Therefore if the Collector of the District could have accommodated Sanjay Kumar Maurya by appointing him on a Class III post in Collectorate, he would be also under obligation to consider the case of the petitioner and extend similar treatment or alternatively rescind and/or reverse the recommendation in case all of them who were earlier recommended for Class III posts under District Superintendent of Education, Siwan but were later on accommodated in the Collectorate itself. The Collector of Siwan District in any event cannot remain as a silent spectator after the recommendation had been made by the District Compassionate Appointment Committee which is not being acted upon by the appointment authority. In that view of the matter, this Court would direct both the Collector of Siwan District as also the District Superintendent of Education, Siwan to do the needful and ensure that the appointment of the petitioner on compassionate ground is made positively within a period of three months from the date of 6 receipt/production of a copy of this order on any post that is vacant under the respondents. With the aforementioned observation and direction, this writ application is disposed of. kanchan/- ( Mihir Kumar Jha, J.)