IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.299 of 2010 MD.MOHMOOD ALAM SHAMSHY S/O LATE MD. MANSOOR ALAM R/O VILL BOKRA, DORIA SONEPUR, P.S.SIMRAHA, DISTT-ARARIA Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY BIHAR, PATNA 2. THE DISTRICT MAGISTRATE CUM-CHAIRMAN DISTT COMPASSIONATE APPOINTMENT COMMITTEE KISHANGANJ, DISTT-KISHANGANJ 3. THE ADDITIONAL DISTRICT MAGISTRATE KISHANGANJ, DISTT- KISHANGANJ 4. THE DISTRICT SUPERINTENDENT OF EDUCATION KISHANGANJ, DISTT- KISHANGANJ 5. THE TREASURY OFFICER KISHANGANJ, DISTT-KISHANGANJ ----------- 02/ 07.05.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s father late Md. Mansoor Alam was working as Head Master in Primary School, Panasi, Pothia in the district of Kishanganj. He died in harness on 22.5.2007. Subsequently after his death the petitioner filed his application for compassionate appointment before the appropriate authority, which was recommended for consideration to the District Compassionate Committee. The District Compassionate Committee vide order contained in Memo No. 266 dated 31.7.2007 return back the application filed by the petitioner along with documents to the District Superintendent of Education, Kishanganj, in compliance of the order passed by the Department of Personnel and Administrative Reforms contained in letter no. 2955 dated - 2 - 22.6.2009. The Department of Personnel & Administrative Reforms had issued direction to all District Magistrates and the Members of the District Compassionate Committee not to make recommendation for compassionate appointment in case of legal heirs of Assistant Teachers who died in harness while working in Schools. Their cases of compassionate appointment will be considered under Rule 10 of Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006. The case of compassionate appointment of the legal heirs of Assistant teachers, who dies in harness, will be considered and recommended by the Compassionate Committee constituted under 2006 Rules, as provided under Rule 10 of 2006 Rules. They could be recommended only for their appointment as Panchayat/Prakhand teachers. In view of that the District Superintendent of Education, Kishanganj has also referred the case of the petitioner for consideration under Rule 10 of 2006 Rules. Counsel for the petitioner submits that since his case has already been referred to the Competent committee for considering compassionate appointment under Rule 10 - 3 - of 2006 Rules, as such a direction be issued to make recommendation in his favour and issue appointment letter against the post of Panchayat/Prakhand teacher. Further prayer of the petitioner is that he may be given liberty to re- agitate his claim for appointment against any regular Class III in future if any judgment is passed by the High Court in this regard. This application is being disposed of giving direction to the Compassionate Committee constituted under 2006 Rules for considering the petitioner’s case for compassionate appointment and make recommendation as per Rule 10 of 2006 Rules, preferably within two months from the date of production/communication of the order. DKS/ (Mridula Mishra, J.)