IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11768 of 2009 FIROZ AHMAD . Versus THE STATE OF BIHAR & ORS . WITH CWJC No.11791 of 2009 ROSHAN KUMAR . Versus THE STATE OF BIHAR & ORS . WITH CWJC No.11825 of 2009 MD.NASEIM NAZAR . Versus THE STATE OF BIHAR & ORS . WITH CWJC No.11900 of 2009 MD.INAMUL HAQUE . Versus THE STATE OF BIHAR & ORS . WITH CWJC No.11827 of 2009 PRAVIN KUMAR . Versus THE STATE OF BIHAR & ORS . WITH CWJC No.17517 of 2008 RINKU KUMAR . Versus THE STATE OF BIHAR & ORS . WITH CWJC No.17006 of 2009 1. MD.AFROZ ALAM S/O LATE MD. DAUD R/O VILL-BISHUNPUR KHETAL, P.O MAHPUR, P.S BOCHAHAN, DISTT- MUZAFFARPUR, PRESENTLY POSTED AS PANCHAYAT TEACHER IN PRIMARY SCHOOL, SAHWAJPUR SOUTH, ANCHAL- BOCHAHAN, DISTT- MUZAFFARPUR 2. MD. JAVED S/O LATE AYUB ANSARI R/O VILL- CHAK AJMERI, P.O CHANDANPATTI, P.S SAKRA, DISTT- MUZAFFFARPUR, PRESENTLY AS BLOCK TEACHER IN NATIONALIZED MIDDLE SCHOOL, KESHOPUR, BLOCK- SAKRA, DISTT- MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, PERSONNEL AND ADMINISTRATIVE REFOMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DEPUTY SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA - 2 - 4. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMNET OF BIHAR, PATNA 5. THE DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA 6. THE DISTRICT MAGISTRATE-CUM-CHAIRMAN DISTRICT COMPASSIONATE APPOINTMENT COMMITTEE, MUZAFFARPUR, DISTT- MUZAFFARPUR 7. THE DISTRICT SUPERINTENDENT OF EDUCATION, null MUZAFFARPUR, DISTT- MUZAFFARPUR 8. THE BLOCK EDUCATION EXTENSION OFFICER, BOCHAHAN, DISTT- MUZAFFARPUR 9. THE BLOCK EDUCATION EXTENSION OFFIER, SAKRA, DISTT- MUZAFFARPUR WITH CWJC No.460 of 2010 1. RAVI RANJAN ROY S/O LATE BHAGWAN RAI R/O CHATRADHARI BAZAR, HOSPITAL CHOWK, CHAPRA,P.S.BHAGAWAN BAZAR, TOWN &DISTT-CHAPRA Versus 1. THE STATE OF BIHAR , THROUGH THE PRIMARY SECRETARY, PRIMARY EDUCATION , HUMAN RESOURCES DEPARTMENT GOVERNEMENT OF BIHAR , NEW SECRETARIAT, PATNA 2. DIRECTOR , PRIMARY EDUCATION ,HUMAN RESOURCE DEPARTMENT GOVERNMENT OF BIHAR, NEW SECRETARIAT , PATNA 3. CHAIRMAN , DISTRICT COMPASSIONATE COMMITTEE-CUM- DISTRICT MAGISTRATE SARAN ,CHAPRA 4. DISTRICT SUPERINTENDENT OF EDUCATION SARAN ,CHAPRA WITH CWJC No.719 of 2010 1. SRI RAKESH KUMAR S/O SRI NIRMAL PRAKASH MALLICK R/O FORBESGANJ, WARD NO. 8, P.O.- FORBESGANJ, P.S.- FORBESGANJ, DISTT.- ARARIA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 3. THE DISTRICT COMPASSIONATE APPOINTMENT COMMITTEE THROUGH ITS CHAIRMAN, I.E. THE DISTRICT MAGISTRATE ARARIA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION ARARIA 5. THE DISTRICT SUPERINTENDENT OF EDUCATION CUM SUB- DIVISIONAL EDUCATION OFFICER ARARIA 6. THE BLOCK TEACHER EMPLOYMENT COMMITTEE FORBESGANJ CUM BLOCK EDUCATION EXTENSION OFFICER, FORBESGANJ 7. THE ESTABLISHMENT DEPUTY COLLECTOR ARARIA - 3 - 8. THE DISTRICT MAGISTRATE ARARIA WITH CWJC No.1538 of 2010 1. MANOJ KUMAR CHOUDHARY S/O LATE RAJ KUMAR CHOUDHARY R/O VILL CHAJAN HARI RAI TOLA, P.S KUDHNI, DISTT- MUZAFFARPUR Versus 1. THE STATE OF BIHAR THROUGH SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 2. DEPUTY SECRETARY, DEPARTMENT OF PERSONNEL & ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE CUM CHAIRMAN OF DISTRICT COMPASSIONATE APPOINTEMNT, MUZAFFARPUR 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR 5. THE BLOCK DEVELOPMENT EXTENSION OFFICER, KUDHANI, KUDHANI, MUZAFFARPUR 6. HEAD MAN, null GRAM PANCHAYAT RAJ CHHAJAN HARI SHANKAR WEST, KUDHANI, MUZAFFARPUR 7. PANCHAYAT SECRETARY, GRMA PANCHAYAT RAJ CHHAJAN HARI SHANKAR WEST, KUDHANI, MUZAFFARPUR 8. HEAD MASTER, GOVERNMENT PRIMARY SCHOOL CHHAJAN HARI ROY, BRAHAMAN TOLI, KUDHANI 2, MUZAFFARPUR WITH CWJC No.18171 of 2009 1. PANKAJ KUMAR DHIRAJ S/O LATE ANIL KUMAR VILL.+P.O. BARARA P.S. NOORSARAI, DISTT.- NALANDA (33) 2. MANOJ KUMAR SINHA S/O LATE TECHAND KUMAR SINHA BARRI PAHARI P.O. SOHSARAI, P.S. LAHERI BIHARSHARIF, DISTT.- NALANDA (34) 3. RISHIKESH KUMAR PRASAD S/O LATE ARJUN PRASAD OF HARIJAN P.S.- EKANGARSARAI, P.O EKANGARSARAI, DIH, DISTT.- NALANDA (35) 4. KUMAR DHANANJAY S/O LATE NAWAL KISHORE PRASAD VILL.- SABANPURA BABHANBIGHA, P.O. MADHOPUR, SABANPURA, P.S. HARNAUT, DISTT.- NALANDA (36) 5. PUSHPANJALI D/O LATE BRAJNANDAN JHA OF BEHIND PETROL PUMP SARDA SADAN, P.O. BARBIGHA, P.O. BARBIGHA, DISTT.- SHEIKHPURA (38) 6. VIVEK KUMAR S/O LATE VIJAY KUMAR OF BANKIPUR GORAKH, FATUHA, P.S. FATUHA, DISTT.- PATNA (40) 7. MINAKSHI W/O LATE MANOJ KUMAR OF GOVINDPUR, P.O. BANGPUR, P.S. PARWALPUR, DISTT.- NALANDA (50) 8. ASHA DEVI W/O LATE SHAMBHU PRASAD OF JUNAIDI, P.O. RAITTAR, P.S. SILAO, DISTT.- NALANDA (53) 9. ALAKH PRASAD SINHA S/O LATE PARASHNATH SINHA OF CHAURIA, P.O. SONANDI, P.S. HARNAUT, DISTT.- NALANDA (59) 10. SANJEEV KUMAR SINHA S/O LATE SUSHILA DEVI WIFE OF LATE BANKE BIHARI PD. OF GAWASPUR, P.O. KHIRAURI, P.S.- PARWALPUR, DISTT.- NALANDA (60) - 4 - 11. AMRENDRA KUMAR S/O LATE RAGHUBIR PANDIT OF SHRINAGAR P.O. JAITPUR, P.S. CHANDI, DISTT.- NALANDA (62) 12. SHIV SHANKAR PRASAD S/O LATE DHANANJAY SINGH OF BARARA, P.O. BARARA, P.S. NOORSARAI, DISTT.- NALANDA (63) 13. PUNAM SINHA W/O LATE KUMUD KUMAR OF GAWASHPUR, P.O. KHIRAURI, P.S. PARWALPUR, DISTT.- NALANDA (66) 14. PAWAN KUMAR S/O LATE LAKHAN PD. SINGH OF PATELNAGAR P.O. AND P.S. EKANGAR SARAI, DISTT.- NALANDA (67) 15. KAVITA KUMARI W/O LATE JAYSHANKAR BHASKAR OF KARUNBAG P.O. SOHSARAI, P.S. SOHSARAI, DISTT.- NALANDA (68) 16. OM PRAKASH S/O LATE BINDHYAWASINI DEVI W/O UMESH PRASAD SINGH OF KHETALPUR, P.O. BARBIGHA, P.S. SARE DISTT.- NALANDA (69) 17. SANJAY KUMAR LAL S/O LATE BAHADUR PRASAD OF AJANAURA P.O. AJANAURA, P.S. NOOR SARAI, DISTT.- NALANDA (70) 18. MAMTA KUMARI SINGH W/O LATE ONKAR NATH OF VILL.+P.O. BHATAHAR, P.S. THARTHARI, DISTT.- NALANDA (73) 19. SATISH KUMAR S/O LATE PRAMANAND PD. OF CHAKMUNNA P.S. JUNIYAR, P.S. HILSA, DISTT.- NALANDA (75) 20. SANJAY KUMAR S/O LATE JAWAHAR LAL OF PASHADHI, P.O. PASANDHI, P.S. EKANGARSARAI, DISTT.- NALANDA (77) 21. PRIYADHARSHI RAJIV RANJAN S/O LATE RAMCHANDRA PRASAD OF THARTHARI BAZAR, P.O. RAMPUR KOYAL BIGHA, P.S. THARTHARI, DISTT.- NALANDA (78) 22. RAJIV KUMAR S/O LATE SUDHIR KUMAR OF MURARPUR MADARSA SOUTH, P.S. LAHERI, DISTT.- NALANDA (79) Versus 1. THE STATE OF BIHAR 2. SECRETARY PERSONNEL AND ADMINISTRATIVE REFORMS DEPTT., GOVT. OF BIHAR, PATNA 3. UNDER SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPTT., GOVT. OF BIHAR, PATNA 4. DISTRICT MAGISTRATE, NALANDA 5. DISTRICT COMPASSIONATE COMMITTEE, NALANDA THROUGH ITS CHAIRMAN DISTRICT MAGISTRATE, NALANDA AT BIHARSHARIFF 6. DISTRICT SUPERINTENDENT OF EDUCATION, NALANDA AT BIHARSHARIFF 7. DISTRICT EDUCATION OFFICER, NALANDA, BIHARSHARIFF 3. 09.02.2010 Heard the counsel for the petitioners and the counsel appearing for the state. Prayer of the petitioners, in all writ applications, is for directing the respondents to appoint them on class-III post on - 5 - Compassionate Ground as per recommendation made by the District Compassionate Committee. In some of the writ applications, the prayer is for quashing of the letters issued by the concerned District Superintendent of Education whereby the petitioners have been asked to give consent for their appointments on the post of Panchayat Teachers/Prakhand Teachers/Nagar Teachers ignoring the recommendation made by the District Compassionate Committee. Petitioners are legal heirs and dependants of Assistant teachers working in the Govt. Schools who died in harness. In case of the death of bread earner of the family and there being provisions for Compassionate appointment of dependants of Govt Employee, petitioners filed their application for Compassionate Appointment. Their applications were considered by the District Compassionate Committee and considering their qualification, recommendations were made for appointment on class-III posts. But the petitioners are being asked for giving consent for their appointment on the post of Panchayat Teachers/Prakhand Teachers/Nagar Teachers on contractual basis in a fixed salary. The issue relating to Compassionate Appointment of dependants of Assistant Teachers and other employees working in Govt. schools who were appointed much earlier to the implementation of Bihar Panchayat Teachers (Employment & Service Conditions) Rule, 2006 has been considered by this - 6 - court in a decision reported in 2010(1) PLJR 339 (Brajesh Kumar & Others Vs The State of Bihar & Ors.) and analogous cases and while allowing those writ applications, direction has been issued to the respondents for issuance of appointment letters in favour of the dependants of Assistant Teachers as per the recommendations of the District Compassionate Committee. The Assistant Teachers, appointed earlier to the enactment of 2006 rules, cannot be considered as teachers appointed under 2006 rules. They should be given same benefit for which legal heirs of any government employees are entitled. A direction has also been issued in the reported decision that in case ignoring the recommendation of the District Compassionate Committee for their appointment on class-III government post in regular scale, the District Superintendent of Education, of the respective districts were not competent to ignore the recommendation of the Compassionate Committee, appointment letters issued in favour of the petitioners, requires modification and regular pay scale should be allowed to such petitioners as committee’s decision is the collective decision and not an individual decision. Respondents have also been directed to consider the case of the petitioners’ appointment in the light of the letter No. 6905 dated 17.01.2008 issued by the Personnel and Administrative Reforms, Govt of Bihar where it has clearly been pointed out that the post of Panchayat teachers/Prakhand Teachers/Nagar Teachers are - 7 - not the post guided under the provision and control of State Government. All these writ applications are being disposed of with similar direction in the light of the reported decision 2010(1) PLJR 339. The respondents will comply with the direction of this court in cased of the petitioners, preferably within 12 weeks from production/communication of the order. Akv/ (Mridula Mishra, J.)