IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14332 of 2009 1. BHARAT BHUSHAN S/O LATE SHYAM KISHORE CHOUDHARY VILL & P.O. RUPAULI, VIA UJIARPUR, P.S. MUSHRI GHARARI, DISTT. SAMASTIPUR Versus 1. THE STATE OF BIHAR 2. SECRETARY DEPTT. OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, PATNA 3. SECRETARY DEPTT. OF HUMAN RESOURCES AND DEVELOPMENT, GOVT. OF BIHAR, PATNA 4. REGIONAL DEPUTY DIRECTOR OF EDUCATION MUNGER DIVISION, MUNGER, BIHAR 5. DISTRICT EDUCATION OFFICER BEGUSARAI, BIHAR 6. DISTRICT MAGISTRATE-CUM-CHAIRMAN DISTRICT COMPASSIONATE COMMITTEE, BEGUSARAI, BIHAR 7. RAJ MUKUL, REGIONAL DEPUTY DIRECTOR OF EDUCATION MUNGER DIVISION, MUNGER, BIHAR ----------- 2 01.02.2010 Heard Counsel for the petitioner and the Counsel appearing for the State. Counter affidavit has been filed on behalf of Regional Deputy Director, Munger Division Munger, respondent no.4. Petitioner’s father Late Shyam Kishore Choudhary died in harness on 19.10.2004 while he was working as Clerk in the Office of J.K.High School, Barauni, Begusarai. Petitioner being son of deceased employee and only one to look after his widow mother filed his application for compassionate appointment. The District Compassionate Committee, Begusarai considered his case and vide memo no. 1133 dated 28.5.2008 made recommendation for his appointment on Class III post in the Education Department. 2 Petitioner’s case is that vide same memo number recommendations were also made for compassionate appointment to other candidates. The name of petitioner is at serial no.30. One Manish Kumar, who was also recommended by the same memo number, received his appointment letter. So far petitioner is concerned, till date no appointment letter has been issued by the authority. Petitioner in order to know the reason for delay in issuance of appointment letter in his favour made a requisition under the Right to Information Act and the application which was received by him indicated that recommendation of the Compassionate Committee made in favour of the petitioner is misplaced and that is being searched. In the counter affidavit filed by the Regional Deputy Director, Munger Division, Munger another reason has been assigned for not issuing appointment letter in favour of the petitioner. Annexure-A is the letter No. 689 dated 30.6.2008 issued from the office of Regional Deputy Director, Munger Division, Munger addressed to the Commissioner in which it is stated that several documents connected with petitioner’s compassionate application are missing, as such appointment letter is not being issued in favour of the 3 petitioner. In case, any document was missing the respondent no.4 could have easily obtained it from the District Compassionate Committee, instead of watching and asking from the petitioner. Another reason is that the Director, Secondary Education, Human Resources Development Department, Bihar, Patna has put a ban for appointment on any Class III posts. So far vacant posts up to 50% are concerned; such posts will be filled up on the basis of open advertisement by the Bihar Karmchari Chayan Aayog after roster clearance. The reasons that have been assigned by the Regional Deputy Director, Munger Division, Munger are not at all satisfactory and convincing. In case the recommendation was made by the District Compassionate Committee for petitioner’s appointment on Class III post, the Regional Deputy Director concerned should have complied the direction and if there was any difficulty that could have been clarified from the District Compassionate Committee. The Regional Deputy Director instead of taking any appropriate action intentionally, for the reason best known to him, on the basis of the same recommendation, as stated by the petitioner, went to recommend one Manish Kumar, but for obvious reason, it was denied to him. 4 Considering that for not issuing appointment letter in favour of the petitioner, despite recommendation of the District compassionate Committee, is unjust and arbitrary act of the respondent no.4, this application is being disposed off directing the respondent no.4, Regional Deputy Director of Education, Munger Division, Munger to issue appointment letter in favour of the petitioner as per recommendation of the District Compassionate Appointment Committee within four weeks from the date of production/communication of this order. (Mridula Mishra,J.) A.Kumar