IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13399 of 2009 1. RAKESH RANJAN S/O- LATE JAGDISH JHA VILL +P.O & PS- BANGAON, DISTT- SAHARSA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT null GOVERNMENT OF BIHAR, PATNA 2. THE DIRECTOR, DEPARTMENT OF SECONDARY EDUCATION GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE null PURNEA 4. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION PURNEA 5. THE DISTRICT EDUCATION OFFICER PURNEA 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, null PURNEA with CWJC No.13536 of 2009 1. RAJESH KUMAR S/O LATE MANOHAR DAS VILL.- FEDALIBIGHA, P.O.- MADDAH, P.S.- BARBIGHA, DISTT.- SHEIKHPURA 2. ASHOK KUMAR S/O LATE RAMASHISH RAVIDAS VILL.- JAGDISHPUR TIYARI, P.S.- NOORSARAI, DISTT.- NALANDA 3. RAKESH RANJAN S/O LATE SHYAM KISHORE SINGH @ SHYAM KISHORE SHARMA VILL.+P.O.- MUBARAKPUR CHITAURA, P.S.- MEHUS, DISTT.- SHEIKHPURA 4. CHANDAN KUMAR S/O LATE NAYEMTOSH KUMAR VILL.+P.O.- KUSERHI, P.S.- BARBIGHA, DISTT.- SHEIKHPURA Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, DEPT. OF PERSONNEL AND ADMINISTRATIVE, GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY DEPT. OF HUMAN RESOURCE DEVELOPMENT, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR DEPT. OF PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE SHEIKHPURA 5. THE DISTRICT EDUCATION OFFICER SHEIKHPURA 6. THE DISTRICT SUPERINTENDENT OF EDUCATION SHEIKHPURA, DISTT.- SHEIKHPURA with CWJC No.14882 of 2009 1. LALAN KANT JHA S/O LATE GANPATI JHA R/O VILL- SUKHPUR, WARD NO. 1, GOURIPUR, P.S AND DISTT- SUPAUL Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESORUCE DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA 2. THE DIRECTOR, null DEPARTMENT OF PRIMARY EDUCATION,GOVERNMENT OF BIHAR, PATNA 2 3. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION KOSHI DIVISION, SAHARSA 4. THE DISTRICT MAGISTRATE, SUPAUL-CUM-CHAIRMAN, DISTRICT COMPASSIONATE COMMITTEE, SUPAUL, 5. THE DISTRICT EDUCATION OFFICER, SUPAUL 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, SUPAUL with CWJC No.15025 of 2009 1. MD.SOHEL AKWAL S/O LATE HAKIMUDDIN R/O VILL +P.O+P.S- BARDAHA, DISTT- ARARIA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, VIKASH BHAWAN, PATNA 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, VIKASH BHAWAN, PATNA 3. THE SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVERNMENT OF BIHAR, PATNA 4. THE DIRECTOR, PRIMARY EDUCATION, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA 5. THE DISTRICT MAGISTRATE, ARARIA 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, ARARIA 2 11.1.2010 Heard Counsel for the petitioners and the counsel appearing for the State. Petitioners in all these writ applications have prayed for a direction to the respondents to appoint them on any Class III posts in a regular pay scale on compassionate ground. Petitioners’ grievance is that despite specific recommendation of the District Compassionate Appointment Committee to appoint them on Class III posts, they are being compelled to give consent for their appointment as Panchayat/Nagar Teacher on contractual basis in a 3 fixed salary. In some of the cases, petitioners having no options have been given consent and have been appointed on the post of Panchayat Teacher/Prakhand Teacher in fixed salary on contractual basis. Almost all the petitioners are the legal heirs of Assistant Teachers working in Middle/Primary Schools, except petitioner No.2 in CWJC No. 13536 of 2009 whose father was serving as Clerk in Primary Teachers Training College, Sheikhpura on Class III post in the regular pay scale. Father/mother of the petitioners have died in harness. In some of the cases even the District Compassionate Appointment Committee have returned the applications submitted by the petitioners in the format for compassionate appointment. In the light of the order issued by the Deputy Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna vide letter No. 2955 dated 22.6.2009, whereby a direction has been issued that the District Compassionate Committee will not make any recommendation for compassionate appointment in case of legal heirs of teachers and non-teaching employees in Primary and Middle Schools, for any Government Class III and IV posts. Their cases will be 4 considered by the Competent Committee on the posts of Panchayat/Prakhand Teachers in a fixed salary. The issue which is involved in all these writ applications have already been decided by this Court in CWJC No. 10616 of 2009 and analogous cases, which is a decision reported in 2010 (1) PLJR 339 ( Brajesh Kumar vs. State of Bihar & ors.) Discussing all the issues involved in such appointments, directions have been issued to consider cases of petitioners’ appointment in the light of letter No. 6905 dated 17.10.2008 issued by the Personnel and Administrative Reforms Department, Govt. of Bihar, Patna, where it has clearly been pointed out that the posts of Panchayat/Prakhand Teachers are not the posts under the State Government and with respect to such posts the District Compassionate Committee cannot make any recommendation, since it is beyond the jurisdiction of the District Compassionate Committee. In the reported decision, it has also been held that fathers/mothers of the petitioners do not come within the definition of teachers under Rule 2(iv) as they appointed following the procedure for appointment under Rule 4 of Bihar Panchayat Teachers (Appointment and Service Conditions) Rules, 2006. Only in cases of such 5 teachers, who were appointed under following the procedure for appointment under Rule 4 and came within the definition of Rule 2 (iv), the rule relating to compassionate appointment i.e. Rule 10 of 2006 Rules will have any application. Teachers who come within such definitions, only their legal heirs shall be appointed on the posts of Panchayat/Prakhand teachers in a fixed salary. Further direction had been issued in the cases of some of the petitioners, the District Compassionate Committee had made recommendation for appointment of petitioners, considering their eligibility on Class III and Class IV posts. In cases of such teachers whose applications, have been returned, the District Compassionate committee had been directed to recall applications and make recommendation for appointment on any Class III and Class IV posts. In case of such teachers who had given their consent for appointment on the post of Panchayat/ Prakhand Teachers, having no other option even ignoring the recommendations of the Compassionate Committee, a direction was issued to make payment of arrears of salary in the regular scale to such employees in the light of the recommendation of the Compassionate Committee for appointment on Class III posts. A final direction was issued to the 6 respondents to comply all such directions in case of the petitioners without any delay, preferably within a period of twelve weeks from the date of production/communication of this order. In the light of decision reported in the case of Brajesh Kumar (Supra), all these writ applications are being allowed with similar directions as applicable in the cases of the petitioners respectively. These writ applications stands allowed. (Mridula Mishra,J.) A.Kumar