IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7553 of 2009 Raj Kishore Kumar, son of Late Sita Ram Prasad Singh, Resident of village- Shahpur Patti, P.S.- Sahebganj, District-Muzaffarpur. .............Petitioner. Versus 1. The State of Bihar. 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Director, Primary Education, Government of Bihar, Patna. 4. The District Magistrate-cum-Chairman, District Compassionate Appointment Committee, Muzaffarpur, District- Muzaffarpur. 5. The District Superintendent of Education, Muzaffarpur, District- Muzaffarpur. 6. The Block Education Extension Officer, Paroo, District- Muzaffarpur. ..............Respondents. ----------- 2/ 07.07.2009 Heard counsel for the petitioner and counsel for the State. Petitioner’s prayer is for a direction to the District Superintendent of Education, Muzaffarpur and District Magistrate-cum- Chairman of District Compassionate Appointment Committee, Muzaffarpur to take a decision for petitioner’s appointment on class III posts and to make a recommendation in favour of petitioner for his appointment on compassionate ground on any class III posts under the regular establishment of State Government. This prayer has been made in view of the decision taken by the Personnel and Administrative Reforms Department, contained in letter no. 6905 dated 17.10.2008, whereby all District Magistrates-cum-Chairman of District Compassionate Appointment Committee have been directed not to make any recommendation for appointment on compassionate ground against the post of Panchayat Teacher/ Block Teacher/Nagar Teacher as posts of Panchayat Teacher/Blcok Teacher/Nagar Teacher do not come under the jurisdiction and control of District Compassionate Appointment Committee. By this - 2 - letter further direction has been issued to ensure appointment only against such posts which come under the regular establishment of the State Government. Petitioner’s father died in harness while posted as an Assistant Teacher in Nationalized Primary School, Gariba Balak, Anchal-Paroo. Petitioner submitted his application in prescribed form for his appointment on compassionate ground which was forwarded by the Regional Education Officer to the District Superintendent of Education, Muzaffarpur. His application was considered in the meeting dated 10.08.2006 by the District Compassionate Appointment Committee and recommendation was made for his appointment on the regular post of teacher. Petitioner was duly conveyed regarding the recommendation and also asked to give his consent for appointment on the post of Teacher. The District Compassionate Appointment Committee also issued a letter to Panchayat Secretary of the concerned Panchayat directing the Panchayat Secretary to take steps regarding appointment of the petitioner on the post of Panchayat Teacher. In pursuance of the letter issued by the District Compassionate Appointment Committee to the Panchayat Secretary of the concerned Gram Panchayat, letter of appointment contained in letter no 07 dated 26.03.2007 was issued in favour of the petitioner, appointing him as teacher in Nationalised Primary School, Bahdinpur, Gariba Balak, Anchal-Paroo, District-Muzaffarpur. Petitioner’s case is that in the light of the Personnel and Administrative Reforms Department letter no. 6905 dated 17.10.2008 the recommendation made by the District Compassionate Appointment - 3 - Committee for petitioner’s appointment on the post of Panchayat Teacher was clearly in contradiction of the direction issued by the Department of Personnel and Administrative Reforms to all District Magistrates, who are Chairman of the District Compassionate Appointment Committee not to make any such recommendation since the posts of teacher in Panchayat/Nagar Parishad or Prakhand are not the posts under the regular establishment of the State Government. The District Compassionate Appointment Committee is competent to make recommendation for appointment on compassionate ground only against such posts which are under the regular establishment of the State Government. Since the recommendation is without jurisdiction as such, a fresh recommendation is required to be made in favour of the petitioner by the District Compassionate Appointment Committee, against such posts which is under the regular establishment of the State Government. Petitioner represented his case before the Chairman of the District Compassionate Appointment Committee which is still pending and till date no decision has been taken by the District Compassionate Appointment Committee for making fresh recommendation in favour of the petitioner for his compassionate appointment on any class-III posts in regular establishment of the State Government. This matter is being disposed of with a direction to the Chairman, District Compassionate Appointment Committee and the District Magistrate, Muzaffarpur to consider and dispose of the representation filed by the petitioner dated 06.01.2009 and 22.2.2009 within four weeks from the date of production/communication of the order, in the light of the letter - 4 - issued by the Department of Personnel and Administrative Reforms Department, Government of Bihar. Sanjeet (Mridula Mishra, J.)