IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3104 of 2007 Shatrughan Kumar Bharti, son of Late Kanhai Mahto, Resident of village – Balia, P.S. – Kutumba, District Aurangabad (Bihar) At present posted as Peon, in the Office of Block Education Extension Officer, Nabinagar (North), Aurangabad (Bihar)..........................Petitioner Versus 1. The State Of Bihar, through the Secretary, Human Resources Department, Govt. of Bihar, Patna 2. The Director, Primary Education, Bihar, Patna. 3. The Regional Deputy Director of Education, Magadh Division, Gaya 4. The Director, National Rural Employment Compassionate Appointment Committee, Aurangabad (Bihar). 5. The District – cum - Chairman, District Level Compassionate Appointment Committee, Aurangabad (Bihar). 6. The District Superintendent of Education, Aurangabad (Bihar).....................Respondents ----------- 2 23.07.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner was earlier recommended and appointed on compassionate ground on a class IV post. He was having the qualification for Class III post. Therefore, he joined the Class IV post and submitted a representation in 2006, vide Annexure-6, for consideration of his appointment against Class III post. Learned counsel for the petitioner submitted that the said representation is still - 2 - pending and has not been considered by the respondents. He also points out from the proceeding of the District Compassionate Committee, as contained in Annexure-7, that the Committee re-considered the case of four candidates, who were earlier recommended for class IV post, and resolved to appoint them against Class III post, as they were having requisite qualification for the post. This Court is of the view that the application of the petitioner as contained in Annexure-6 should be considered in the like manner by the Compassionate Committee in the next meeting and a decision should be taken on the same consistent to the approach of the Compassionate Committee in this regard. The writ application is disposed of with the aforesaid observations and directions. B.T (J. N. Singh, J.)