IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5996 of 2009 RAJESH KUMAR & ORS Versus THE STATE OF BIHAR & ORS ----------- 2. 13.05.2009 Heard learned counsel for the petitioners and the State. The petitioners state that they are wards of persons, who died in harness as Assistant teacher in Government Schools. On an application made by the petitioners for compassionate appointment, they were considered in accordance with Rules by the District Compassionate Appointment Committee and which found them eligible and made recommendation for appointment in their favour. Based on this recommendation, the petitioners were issued appointment letter as Nagar Shikshak by Annexure-4 series. The submission is that this recommendation is in the teeth of the Government directive dated 17.10.2008 at Annexure-5 that Nagar Shikshak does not hold post under the Government and, therefore, no compassionate appointment can be made on such post. Despite the fact that the petitioners have already represented against the offer of appointment itself, in the teeth of the Government instruction, depriving them of the benefit of the recommendation of compassionate appointment, no action is being taken to correct the error by the Respondents themselves in light of their own instruction dated 17.10.2008. Learned counsel for the State submits that the case 2 of the petitioners is required to be considered for appointment in accordance with Annedxure-5. This writ application is disposed in terms of the concession made by the State to be complied with within eight weeks from the date of receipt and/or production of a copy of this order. AKS/ (Navin Sinha, J.)