IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17425 of 2009 1. BALMUKUND SINGH S/O LATE AJABLAL SINGH R/O VILL- FARSHA, P.S- SANGRAMPUR, DISTT- MUNGER Versus 1. THE STATE OF BIHAR THROUGH ITS SECRETARY, HUMAN RESOURCE DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, MUNGER 4. THE DISTRICT COMPASSIONATE APPOINTMENT COMMITTEE, MUNGER 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, MUNGER ----------- 2 12.4.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner’s father died in harness, while working on the post of Assistant Teacher in Middle School, Malchak, Block Sangrampur, District Munger. He died on 9.5.2006 leaving behind two sons, two daughters and widow. Petitioner filed his application for compassionate appointment on 19.10.2006. The District Compassionate Committee while considered the case of the petitioner vide order dated 28.2.2007 recommended for his compassionate appointment on Class III post, considering his qualification of Intermediate. The grievance of the petitioner is that though recommendation of the District Compassionate Committee for appointment on any Class III post, the 2 Block Education Extension Officer has issued appointment letter No. 995 dated 6.9.2007 asking him to appoint on the post of Panchayat Teacher on a fixed remuneration. Petitioner’s case is that though having no option, the petitioner has already joined on the post of Panchayat Teacher but issuance of such appointment letter in contradiction of the District Compassionate Committee is illegal. His prayer is for a direction to the respondent to issue appointment letter in his favour as per recommendation of the Compassionate Committee. Counsel for the petitioner submits that a similar direction has been issued by this Court as decided in the case of Brajesh Kumar and others vs. State of Bihar and other analogous cases reported in 2010 (1) PLJR 339. Counter affidavit has been filed on behalf of respondent no.5, the District Superintendent of Education, Munger stating that the petitioner has already been given his consent for appointment as Block Teacher and as per the direction of the Deputy Secretary, Government of Bihar contained in letter no. 2955 dated 3 22.6.2009, the dependants of teacher will be appointed as Panchayat/Prakhand/Block teacher on compassionate ground. This very letter has been quashed in Brajesh Kumar’s case (supra), as such the reliance which has been placed by the respondent in the counter affidavit is meaningless. This application is disposed off directing the District Superintendent of Education, Munger to issue appointment letter in favour of the petitioner, as per the recommendation of the Compassionate committee, as it has been held in the reported decision i.e. 2010 (1) PLJR 339 or allow a regular scale to the petitioner as applicable in the case of persons holding posts of Assistant teacher. Necessary action must be taken by the respondent in this regard, preferably within a period of four weeks from the date of production/communication of this order. (Mridula Mishra,J.) A.kumar