IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1036 of 2011 In Civil Writ Jurisdiction Case No. 4542 of 2010 With Interlocutory Application No. 4708 of 2011 ====================================================== Md.Feeroz Akhtar son of late Akhtarul Islam, resident of village- Minhaj Nagar, Naya Tola, P.S. – Pulwarisharif, District-Patna. Petitioner.... Appellant Versus 1. The State Of Bihar through Principal Secretary, Human Resources Development Department, Bihar, Patna, Vikas Bhawan, Patna. 2. Director, Primary Education, Bihar, Patna, Vikas Bhawan, Patna. 3. The District Magistrate-cum-Chairman, Compassionate Committee, Patna. 4. Regional Deputy Director of Education, Patna. 5. District Education Officer, Patna. 6. District Superintendent of Education, Patna. 7. Sadar Subdivisional Education Officer, Patna. Respondents.... .... Respondents ====================================================== Appearance : For the Appellant/s : Mr. Markandeya Singh with Mr. Raghunath Singh, Advocates. For the Respondent/s : Mr. Sunil Kr. Mandal, SC 24 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 18-07-2011 Re.: I.A. No. 4708 of 2011 : This application under Section 5 of the Limitation Act is filed by the appellant for Patna High Court LPA No.1036 of 2011 (2) dt.18-07-2011 2 condonation of delay of 110 days occurred in filing the Letters Patent Appeal. On the facts and in the circumstances of the case, the delay is condoned. Interlocutory application stands disposed of. Re.: L.P.A. No. 1036 of 2011: This Appeal under Clause 10 of the Letters Patent is preferred by the writ petitioner against the order dated 21st December 2010 made by the learned single judge in above C.W.J.C. No. 4542 of 2010. The appellant is the ward of one Ashma Khatoon, an Assistant Teacher in Primary School, Sandalpur, Anchal Mahendru, District Patna. While in service, she died on 16th December, 2002. The appellant, being her son and dependant, applied for compassionate employment. The District Compassionate Employment Committee under its meeting dated 2nd September 2004 considered the claim of the appellant and recommended his appointment as Clerk in Government service. The said recommendation was apparently not accepted. Instead, under communication dated 22nd June 2007 the appellant was asked to submit option for appointment as Panchayat Shikshak or Prakhand Shikshak. As the appellant did not respond to the said Patna High Court LPA No.1036 of 2011 (2) dt.18-07-2011 3 letter, reminders were sent on 9th August 2007 and on 27th September 2007. Nevertheless, the appellant did not respond to the said communications. Instead he approached this Court under Article 226 of the Constitution of India in above C.W.J.C. No. 4542 of 2010. According to the appellant, all other recommendations made on 2nd September 2004 by the District Compassionate Employment Committee were accepted by the State Government; whereas the recommendation in respect of the appellant was not accepted. It may be noted that it is not the case of the appellant that all other recommendations made by the District Compassionate Employment Committee were in respect of the wards/dependants of the deceased teachers. The learned single judge dismissed the writ petition with an observation that the case of the appellant will be governed by the judgment of the Supreme Court. Therefore, the present Appeal. It appears that this very issue had come up before this Court earlier in the matter of Brajesh Kumar vs.The State of Bihar & Ors., [2010(1) PLJR 339]. The learned single judge of this Court upheld the claim of the petitioner for compassionate appointment on Class III post under the State Government. It was held that the dependants of the teachers who died in harness prior Patna High Court LPA No.1036 of 2011 (2) dt.18-07-2011 4 to 1st July 2006 were entitled to compassionate appointment in Government service, for those who died after 1st July 2006 the compassionate appointment of their wards would be governed by the Bihar Panchayat Elementary Teacher (Employment and Service Conditions) Rules 2006. A Full Bench of this Court, in the matter of State of Bihar vs Rajeev Ran Vijay Kumar, [ 2010(3) PLJR 295 ], considered the aforesaid judgment in the matter of Brajesh Kumar and held that the said judgment did not lay down correct law. The Full Bench held “A compassionate appointment by its very nature is an exception and the same has to be treated as exception for all purposes.” The Full Bench upheld the Government decision that the dependants of teaching or non-teaching employees could be appointed on compassionate ground against the available vacancies of Panchayat Teachers/ Block Teachers in conformity with the prescribed qualification if they give their clear consent for it. Learned advocate Mr. Markandeya Singh has appeared for the appellant. He has submitted that the judgment in the matter of Brajesh Kumar (Supra) is the correct view. We are unable to agree with Mr. Singh. The judgment of the Full Bench is a binding precedent. We have no reason to disagree with the view expressed Patna High Court LPA No.1036 of 2011 (2) dt.18-07-2011 5 by the Full Bench. In view of the decision of the Full Bench, the claim made by the appellant for compassionate employment in Government service as a matter of right has to be rejected. It may be noted that the appellant was offered compassionate appointment as a teacher and was called upon to submit his option. The appellant chose not to opt for the compassionate employment as a teacher. Be that as it may, the appellant is not entitled to compassionate employment in Class III or Class IV service under the State Government. The Appeal is dismissed in limine. Basudeo Tiwary/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)