IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12212 of 2007 Arbind Kumar, son of late Baleshwar Ram, Resident of village Nimez, Brahampur, P.S. Buxar, District Bhojpur … Petitioner Versus 1. The State Of Bihar 2. The Director, Secondary Education, Human Resources Department, Govt. of Bihar, Patna 3. The Deputy Director, Secondary Education, Human Resources Development Deptt., New Secretariat, Patna 4. The Regional Deputy Director of Education, Patna 5. The District Education Officer, Bhojpur, Ara 6. The Headmistress, Project Girl High School, Sahar, Bhojpur … Respondents ---------------------------------- 4. 7.12.2011 Having heard Mr. Satish Kumar Agrawal, learned counsel for the petitioner and the learned counsel for the State this Court is of the view that the case of the petitioner for his being continued in service would require a reconsideration, inasmuch as his services have been terminated by the impugned order dated 15.4.2005 only on the ground that his appointment on compassionate ground was made without there being a recommendation of the District Compassionate Appointment Committee. It is not in doubt that the father of the petitioner was a Government servant as a Peon in Girls High School, Nimez, Bhojpur and his death in harness had made one of his dependent family members eligible for consideration for appointment on compassionate ground. If the then District Education Officer had chosen to appoint the petitioner on compassionate ground on a post of Clerk by being satisfied that he was possessing all the requisite qualification and the terms of eligibility as laid down by the State Government in its circular relating to appointment on 2 compassionate ground, the petitioner cannot be blamed for his case being not placed in the meeting of the District Compassionate Appointment Committee. The petitioner in fact had all the reasons to believe that after he had filed his application for appointment on compassionate ground the same had also received recommendation/ approval of the District Compassionate Appointment Committee, inasmuch as his appointment order issued by the District Education Officer, the competent authority, had itself categorically recorded with regard to such approval of the District Compassionate Appointment Committee. True it is that in course of enquiry by the successor District Education Officer it was discovered that the appointment of the petitioner on compassionate ground was made without recommendation of the District Compassionate Appointment Committee but neither in the show cause notice nor even otherwise the petitioner was blamed for his case being not placed before the District Compassionate Appointment Committee. As per fixed procedure laid down by the State Government an employee of a dependent Government servant dying in harness has to file his application before the authority in whose control and jurisdiction the deceased employee was working and it is for the controlling Officer of such deceased employee to place the case before the District Compassionate Appointment Committee and to take its decision after receipt of the recommendation. The role of the District Compassionate Appointment Committee was only to examine the eligibility of the person in terms of the guideline laid 3 down by the State Government. It does not mean that the procedure laid down by the State Government of placing the case before the District Compassionate Appointment Committee can be waived by the appointing authority or that such provision is directory in nature and can be omitted on the sweet-will of the appointing authority but then as this procedure was to be undergone by the appointing authority himself, his successor cannot take advantage of the wrong committed by the appointing authority while appointing the petitioner. The petitioner came to be appointed on compassionate ground way back on 5.9.1989 and having been allowed to continue in service almost for a period of 16 years, his services have been terminated only on the ground of there being no prior recommendation of the District Compassionate Appointment Committee. The petitioner, who was given such employment to support family members of the deceased employee as also himself being not at fault, this Court cannot uphold the impugned order of termination dated 15.4.2005, as contained in Annexure 1, which must be and is hereby quashed. As a consequence of quashing of the order of termination of service of the petitioner he will not get the benefit of reinstatement forthwith till the District Compassionate Appointment Committee examines the case of the petitioner. For this purpose the District Education Officer, Bhojpur is hereby directed to send all the papers of the petitioner to the District Compassionate Appointment Committee, Bhojpur and the 4 Collector of Bhojpur District being the Chairman of such Committee will get the case of the petitioner placed before the Committee within a period of one month from the date of receipt of the papers from the office of the District Education Officer, Bhojpur and the Committee thereafter will examine the case of the petitioner and make its suitable recommendation on the basis of existing guidelines contained in the policy of the State Government which was prevalent on the date of death of the father of the petitioner. If upon such reconsideration by the District Compassionate Appointment Committee a recommendation is made for appointment of the petitioner on compassionate ground his order of appointment dated 5.9.1989 shall be given effect to and the petitioner will be reinstated in service but without any benefit of back wages for the period he has remained out of service. The petitioner will also be entitled for all consequential benefits including continuity of service for the purpose of pension. If, however, the District Compassionate Appointment Committee shall find the petitioner to be ineligible for appointment on compassionate ground, it will disclose the reasons and communicate the same to the petitioner and in that event the petitioner will not be entitled for reinstatement in service but nothing shall be recovered from him as against payment of salary made to him for the period he was allowed to continue in service. This exercise must be completed by the District Compassionate Appointment Committee within a period of three months from the date of receipt of the papers from the District Education Officer, 5 Bhojpur who also must do the needful on his part as directed above. It is, however, made clear that in either case the petitioner’s salary for the period he had admittedly worked must be paid, inasmuch as there is no controversy on this score because counsel for the State has not filed any counter affidavit denying working of the petitioner prior to his being terminated from service. It will also be open for the petitioner to approach the District Education Officer, Bhojpur and to complete the needful formalities by way of producing relevant documents as required by the District Education Officer for its being forwarded to the Collector and its being placed in the meeting of the District Compassionate Appointment Committee. The period of one month for the District Education Officer shall commence from the date the petitioner will produce a copy of this order and also relevant papers as required by the District Education Officer. The entire exercise, however, must be concluded within a period of six months from the date of receipt of the order by the District Education Officer, Bhojpur. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/