IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10632 of 2010 RAJENDRA PRASAD SHARMA, S/O LATE MAHESH NANDAN SHARMA, R/O VILLAGE AUGAN P.O. DAHIA, P.S. BHAGWANPUR, DISTRICT- BEGUSARAI. VERSUS 1. THE STATE OF BIHAR. 2. THE SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS,GOVT. OF BIHAR, PATNA. 3. THE SECRETARY, DEPARTMENT OF RESOURCES AND DEVELOPMENT,GOVT. OF BIHAR,PATNA. 4. DIRECTOR, SECONDARY EDUCATION,GOVT. OF BIHAR,PATNA. 5. REGIONAL DEPUTY DIRECTOR OF EDUCATION, MUNGER,BIHAR. 6. DISTRICT MAGISTRATE, BEGUSARAI, BIHAR. 7. DISTRICT SUPERINTENDENT OF EDUCATION,BEGUSARAI, BIHAR. 8. BLOCK EDUCATION OFFICER, BHAGWANPUR,BEGUSARAI, BIHAR. 9. BLOCK DEVELOPMENT OFFICER, BHAGWANPUR,BEGUSARAI, BIHAR. 10. PRAMUKH, BLOCK BHAGWANPUR, DISTRICT- BEGUSARAI,BIHAR. ----------- 04 25.10.2010 A counter affidavit has been filed, duly sworn by the District Superintendent of Education, Begusarai, on behalf of the respondents. Heard the parties and with their consent the writ petition is being disposed of at this stage itself. Petitioner’s father was a teacher in Government School. He died in harness on 20.02.2007. Petitioner immediately made an application for compassionate appointment. Petitioner had passed Intermediate with first class and had experience of shorthand and typing. The matter was considered by the District Compassionate Appointment Committee, Begusarai headed by the District Magistrate, Begusarai, who was the Chairman thereof. On 01.09.2008 a - 2 - recommendation was made by the said Committee for giving the petitioner compassionate appointment in Education Department on Class-III Post, which could be appointment as Block/Panchayat Teacher. This recommendation was made in the year 2008 itself. It appears that in March 2010 the recommendation was formalized into a decision to appoint the petitioner as Block Teacher and this was forwarded for necessary follow up action. The problem started thereafter. The file kept moving from one table to another or from one office to another for no valid reason but the appointment, which was supposed to be a compassionate appointment, did not fructify. This forced the petitioner to come to this Court. The case was then adjourned and now a counter affidavit has been filed by the District Superintendent of Education, Begusarai. In the said counter affidavit, the entitlement of the petitioner, the recommendation and the final decision is not doubted or challenged. It is accepted that the petitioner has to be employed as Block Teacher. It is pointed out in the said counter affidavit that it is the Block Education Officer, Bhagwanpur, District Begusarai, who is the final appointing authority but the Block Education Officer passes responsibility on the Block Development Officer, Bhagwanpur, District Begusarai in this regard. It is further stated in the counter affidavit that the draft appointment letter is also ready but till the authorities decide as to who has to issue it, it cannot be issued. Having considered the matter, in my view, there is neither any factual dispute nor any legal issue involved. Counter - 3 - affidavit admits all. Everything has been done but the issuance of letter of appointment. Even at this last stage for some unknown reasons two block level officers are again throwing the responsibility on one or the other but the position is clear that either one of them is the competent authority. Thus, I issue mandamus and direct both the Block Development Officer, Bhagwanpur, Begusarai and the Block Education Officer, Bhagwanpur, Begusarai to ensure that the appointment letter of petitioner is issued appointing him as Block Teacher within 15 days from the date of production of a copy of this order before them and to ensure petitioner’s joining immediately thereafter with all consequential benefits. Failure to comply with the direction/order of this Court could entail the heavy consequences for both the Officers. The Court is issuing such mandatory order because from 2008 the petitioner is running from pillar to post and has been made football which kicked all over the place even though there was no dispute at any point of time. With these observations and directions, the writ petition stands disposed of. Trivedi/ (Navaniti Prasad Singh, J.)