IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.410 of 2011 SHIV KUMAR DWIVEDI, S/O LATE RABINDRA NATH DWIVEDI, R/O VILLAGE AND P.O.-UDANT RAY KEY BANGRA, P.S.-THAWE, DISTRICT-GOPALGANJ. ………PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, NAMELY, SRI BALA MURGAN, DISTRICT-GOPALGANJ. 3. THE DISTRICT COMPASSIONATE COMMITTEE, NAMELY, SRI BALA MURGAN, DISTRICT-GOPALGANJ. 4. SRI RANJEET NARAYAN PRATAP SINHA, THE DISTRICT EDUCATION OFFICER, GOPALGANJ, DISTRICT- GOPALGANJ. ……………OPPOSITE PARTIES. ---------------------------------- 4 15.12.2011 This application has been filed for alleged violation of the orders of this Court dated 01.10.2010 passed in CWJC No.18072 of 2009. Learned counsel for the petitioner submits that the District Compassionate Committee had recommended the name of the petitioner for appointment on class-III post. This Court while disposing of the writ application had directed the District Education Officer, Gopalganj to verify the papers of the petitioner and comply with the recommendations of the District Compassionate Committee in accordance with law. However, while complying with the orders of this Court, the District Education 2 Officer has appointed petitioner as a Block Teacher on a fixed pay of Rs.6000/- and not on a class-III post, as recommended by the District Compassionate Committee. Hence, petitioner has not joined. Whether the petitioner is entitled for appointment on class-III post or not is a matter which has to be decided in an appropriate proceeding. In view of his appointment as Block Teacher on a fixed pay of Rs.6000/- petitioner should join the post, if necessary, under protest and thereafter may agitate his claim for being appointed and posted on a regular post of class-III as per the recommendation of the District Compassionate Committee. Petitioner is accordingly directed to join his post in the concerned school in terms of the order of the Block Development Officer, contained in memo no. 13 dated 01.09.2011, positively within two weeks from today. The application is disposed of in the above terms. Arvind/ ( J.N. Singh, J.)