IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1490 of 2010 1. RANJEET KUMAR PATHAK S/O LATE UPENDRA NARAYAN PATHAK R/O VILL+P.O. MADHOPATTI, P.S. KAMTAUL, DISTT. DARBHANGA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 2. THE SECRETARY PERSONNEL & ADMINISTRATIVE DEPTT., GOVT. OF BIHAR, PATNA 3. THE DIRECTOR PRIMARY AND SECONDARY EDUCATION, NEW SECRETARIATE, GOVT. OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE-CUM-CHAIRMAN DISTRICT COMPASSIONATE APPOINTMENT COMMITTEE, DARBHANGA 5. THE DISTRICT EDUCATION OFFICER DARBHANGA 6. THE DISTRICT SUPERINTENDENT OF EDUCATION DARBHANGA ----------- 2 1.7.2010 The petitioner is an honours graduate in English. His father died in harness on 4.8.2002 while working as Assistant Teacher. At that time petitioner being intermediate passed, applied for appointment on compassionate ground. The District Appointment Committee, Darbhanga recommended his appointment to Class IV post, which the petitioner accepted under protest as he had sought appointment as a Teacher. He has now been posted as a peon in Government Girls High School, Kamtaul, Darbhanga. He refers to a government decision , as contained in Government Circular dated 1.7.206, which provides that the heirs of a teacher, dying in harness to seek compassionate appointment, should be appointed as Teacher if they possessed necessary qualification. 2 Learned counsel for the State states that this Circular has been modified by memo no. 2209 dated 28.12.2006 issued by the Department of Human Resources, Govt. of Bihar. In that it has been stated that such compassionate appointment should be as Panchayat Teacher. Learned causal for the State submits that it was for the petitioner to give option in that regard. Having considered the matter, in my view, the petitioner at the time when he sought compassionate appointment had intermediate qualification and in due course of time has got honours graduation degree in English . He thus was on the date when compassionate appointment was offered to him qualified to be appointed as Panchayat Teacher. Petitioner should have offered the post of Panchayat Teacher in the district itself. I accordingly direct the District Compassionate Appointment Committee, Darbhanga, to reconsider its decision and re-locate the petitioner as a Panchayat Teacher in the district, if such a post is vacant and available. The petitioner must accordingly be notified. The District Compassionate Appointment Committee would take a decision in this matter after making due enquiry within three months from the date of production of a copy of this order before it. Before parting I must note the objection for the purposes of only to be rejected. He states that once an appointment is made by the District Compassionate Appointment Committee, the same cannot be reconsidered. The 3 arguments are being noted only just to be rejected because of the direction of the State Government itself to offer the job on compassionate basis, which was not considered by the Committee at the relevant time or thereafter and the petitioner was made to join under protest the post of peon in 2008, the right of petitioner cannot be defeated. With the aforesaid observations and direction, the writ potion stands disposed of. singh ( Navaniti Prasad Singh, J.)