IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4170 of 2010 PANKAJ KUMAR S/O LATE ALAKH DEV PRASAD SHARMA R/O VILL.- BABHANGAWAN, P.S.- LAKHISARAI, DISTT.- LAKHISARAI. VERSUS 1. THE STATE OF BIHAR THROUGH THE DIRECTOR PRIMARY AND SECONDARY EDUCATION, GOVT. OF BIHAR, PATNA 2. THE COMMISSIONER, MUNGER DIVISION, MUNGER 3. THE DISTRICT MAGISTRATE-CUM-THE CHAIRMAN DISTRICT COMPASSIONATE COMMITTEE, LAKHISARAI 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, LAKHISARAI . ----------- 02 30.08.2010 Petitioner’s father was a permanent Assistant Teacher under the Government. He died in harness. Petitioner is a Chemistry (Hons.) Science Graduate from Madadh University. Having passed the examination in the year 1992, he is unemployed. He immediately sought compassionate appointment on post commensurate to his educational qualification. The Lakhisarai District Compassionate Appointment Committee considered his matter in the meeting dated 05.01.2009 and recommended his appointment as a Class-IV employee. In the recommendation, they clearly noted that at the time of death of the petitioner’s father, petitioner had already become over age for Government employment, but as petitioner’s application was filed immediately within time, the age relaxation could be given. Petitioner has also annexed the decision of the State Government in this regard, being the decision as circulated under Memo No.8093 dated 25.07.1998 (Annexure-4), wherein it has clearly been provided that in case of compassionate appointment, the age relaxation has to be - 2 - granted, even though recommendation was made for Class-IV post to the Director, Secondary Education through the District Superintendent of Education, the same is yet to receive attention of the authorities. Having considered the matter, in my view, there is no point in keeping the matter pending. I direct the petitioner to file a representation before the Director, Secondary Education, Government of Bihar, Patna within one month from today. The representation shall contain the birth certificate, the educational qualification certificate of the petitioner and the recommendation as made by the Collector, Lakhisarai, being the Chairman of the District Compassionate Appointment Committee. The Director, Secondary Education, Government of Bihar, Patna would firstly consider appointing the petitioner, who is a Science Graduate, on a suitable Class-III post after age relaxation. In case, that is not possible then on a suitable Class- IV post with age relaxation as is the requirement in law. The Director, Secondary Education would make enquiry and pass appropriate orders in this regard within a period of one month positively from the date of filing of a copy of this order before him. With these observations, the writ petition is disposed of. Trivedi/ (Navaniti Prasad Singh, J.)