IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7218 of 2007 VISHWANATH PANDEY, S/O Late Dadan Pandey, resident of Village and P.O. Pokhranhan, Police Station-Bagen Gola, Block-Brhampur, Distirct-Buxar ……….Petitioner Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Buxar 3. The District Superintendent of Education , Buxar 4. The Area Education Extension Officer , Dumraon, District-Buxar 5. The Block Education Extension Officer, Brammpur, District-Buxar ………………………………Respondents ----------- For the petitioner: Mr. R. Pd., Sr. Adv. Mr. Akhilesh Kr. Adv. For the state; Mr. Anant Kr Singh, J.C. to G.P.2 4. 19.02.2009 Heard the counsel for the petitioner and the state. This application has been filed by the petitioner for a direction to the respondents for making correction in the appointment letter issued to the petitioner vide Memo No. 201 dated 25.11.2006. The petitioner was appointed on the post of Assistant teacher as per the direction of this Hon’ble Court in C.W.J.C. No. 7258 of 2005 on compassionate ground but in his appointment letter, it is mentioned that he will be paid fixed salary along with other benefits in future. It is not in dispute that father of the petitioner; an assistant teacher died in harness on 14.10.2004. Appointment of the petitioner on the post of assistant teacher was made as per direction of this Hon’ble court on compassionate ground and It was not an appointment made observing procedure for Panchayat teachers on contract basis under 2006 Rules. In spite of that in his appointment 2 letter, instead of salary allowed to an assistant teacher appointed on regular basis, a fixed salary has been mentioned. Counter affidavit filed on behalf of the respondent, District Superintendent of Education, Buxar is completely silent as to why in the appointment letter of petitioner fixed salary in case of appointment under 2006 rule, has been mentioned. However counsel appearing for the state has submitted that after coming into force of 2006 rules relating to appointment of Panchayat teachers, the District Superintendent of Education has got no power to make any appointment of assistant teachers on regular basis; all appointments even appointment on compassionate ground is made under 2006 rules. All such appointments of teachers are only on contract basis. I find some lacuna in this submission for the reason that father of the petitioner died in 2004. Petitioner had applied for his appointment on compassionate ground in the year, 2005.At the relevant time, 2006 rule relating to appointment of teachers had not come in force. Under 2006 rules relating to appointment of Panchayat Teachers, it is not the District Superintendent of Education who is empowered to make any appointment but the Selection Committee constituted for this purpose in which the Mukhiya and Panchayat Secretary are members only can make 3 appointment of assistant teachers. So far as the appointment of the petitioner is concerned, it was special appointment on the direction of the High Court. The direction was issued for making appointment of the petitioner as assistant teacher on compassionate ground for the reason that his father died in harness in 2004 and in spite of recommendation of Compassionate Committee, he was not being appointed by the authorities. In case a direction was specifically issued to the District Superintendent of Education by the High court for appointment of petitioner on compassionate ground, there is no question whether he has got jurisdiction or not as at the relevant time, he had jurisdiction to make appointment on compassionate ground. In case he had no power, an application should have been filed on behalf of the District Superintendent of Education for clarification/modification of the order. That was never done. Accordingly, the District Superintendent of Education, Buxar is directed to make necessary correction in the appointment letter of the petitioner which has been annexed as Annexure-1 to the writ application. Instead of fixed salary, it should be the salary as applicable in case of the Assistant teachers appointed on compassionate ground on regular basis. The District Superintendent of Education , Buxar making such correction, will immediately pass an order for making payment of arrears of salary to the petitioner from the 4 date of his appointment till date, and the current salary. The correction in the order as well as the payment must be made within six weeks from the date of production/communication of the order. This application is allowed. AKV/ ( Mridula Mishra, J )