IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17839 of 2009 1. ANIL KUMAR S/O LATE SHIVENDRA PRASAD SINGH R/O VILL.- HUSAINA RAGHAV, POST.- BALUKA RAM, P.S.- VAISHALI, DISTT.- VAISHALI Versus 1. THE STATE OF BIHAR 2. THE CHAIRMAN, COMPOSSIONATE APPOINTMENT COMMITTEE - CUM - DISTRICT MAGISTRATE MUZAFFARPUR 3. THE DEPUTY DEVELOPMENT COMMISSIONER MUZAFFARPUR 4. THE DEPUTY COLLECTOR MUZAFFARPUR 5. THE DEPUTY COLLECTOR ESTABLISHMENT MUZAFFARPUR 6. THE DISTRICT SUPERINTENDENT OF EDUCATION MUZAFFARPUR 7. THE BLOCK DEVELOPMENT OFFICER KANTI, MUZAFFARPUR 8. THE BLOCK EDUCATION OFFICER KANTI, MUZAFFARPUR 9. THE PANCHAYAT SECRETARY GRAM PANCHAYAT RAJ SAHPUR, KANTI, MUZAFFARPUR ----------- 02/ 16.04.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner has been appointed on compassionate ground on the post of Panchayat teacher and joined the post of 27.11.2007. This application has been filed by the petitioner in the light of the decision reported in 2010(1) P.L.J.R. 339 (Brajesh Kumar & Ors. Vs. The State of Bihar & Ors.). The father of petitioner had died on 30.11.2002. His application for compassionate appointment has been recommended by the District Compassionate Committee. Finally on the basis of order passed in L.P.A. No. 709 of 2005 the District Compassionate Committee made recommendation for the petitioner’s appointment on Class III post, but he has been appointed on the post of - 2 - Panchayat teacher. The question, which was raised for consideration in Brajesh Kumar’s case, has application in the case of the petitioner. The father of the petitioner died in 2002 working on the basis of Assistant teacher in a regular scale, he was treated as a government employee. In case of the death of a government employee in harness, the rule relating to compassionate appointment will have application. In the case of the petitioner the District Compassionate Committee could not have recommended for the petitioner’s appointment on the post of Panchayat teacher, since it is not a government post. However, petitioner has been appointed on the post of Panchayat teacher in violation of all government circulars and rules. This application is being disposed of, in terms of the reported decision 2010(1) P.L.J.R. 339, with direction to the respondents, either appointment letter be issued in favour of the petitioner appointing him on Class III post in a regular pay scale with all benefits available to a government employee within four weeks from the date of production/communication of the order or allow the petitioner the benefits of an Assistant teacher on the same - 3 - post, he is working. He should be allowed regular pay scale and other benefits available to a person appointed on the post of Assistant teacher. DKS/ (Mridula Mishra, J.)