IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6146 of 2009 PANKAJ KUMAR & ANR Versus THE STATE OF BIHAR & ORS ----------- CWJC No.6147 of 2009 DILIP KUMAR & ANR Versus THE STATE OF BIHAR & ORS ----------- 2. 15.05.2009 Heard learned Counsel for the petitioners and the learned Counsel for the State. The petitioners are stated to be wards of persons who were employed as Assistant Teachers in Government Schools and died in harness. In pursuance of an application for compassionate appointment the case of the petitioners was considered by the District Compassionate Appointment Committee where they had been found eligible for compassionate appointment and recommended as such. The grievance is that the recommendation for appointment has been made on the post of Teacher but appointment has been provided on the post of Nagar Shikshak under Patna Municipal Corporation and appointment letters issued (in so far as CWJC No. 6147 of 2009 is concerned petitioner no. 2 has been recommended by the committee for appointment on the post of Nagar Shikshak itself). The post of Nagar Shikshak was not a post under the State Government carrying regular pay scale but a post with fixed emoluments. The appointment itself was in teeth of the letter of the Personnel and Administrative Reforms Department dated 17.10.2008 that such compassionate appointment had to be made only in services under the State Government and not on the post of Nagar Shikshak which were not government posts. The writ applications are disposed with the direction that in pursuance of the recommendations made in their favour by the District Compassionate Appointment Committee their appointments be made strictly in accordance with the government instruction dated 17.10.2008. Snkumar/- (Navin Sinha,J.)