CHANDRA SHEKHAR AZAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) In these writ applications, the petitioners are the Government Teachers who entered in service taking privilege of the instructions issued by the Government of Bihar providing for appointment on compassionate ground. They are the wards of the deceased government teachers who died in-harness while rendering their services at different Middle/High/Primary Schools in the district of Madhepura.

(2.) The fact that the petitioners are the wards of those deceased teachers who died prior to 01.07.2006 i.e. the date on which the Bihar Primary Teacher (Appointment and Service Condition) Rules, 2006 (hereinafter referred to as the 'Rules for Appointment of Teachers, 2006') came into force.

(3.) The petitioners had made their applications for appointment on compassionate ground prior to coming into force of the Rules for Appointment of Teachers, 2006 but because of ban imposed by the Government in Human Resource Department vide Departmental Letter No. 2039 dated 17.11.2003 and letter No. 626 dated 16.04.2005, their appointments were not being considered. The ban was lifted vide Departmental Letter No. 8/1078 dated 01.07.2006 (Annexure '2' to the writ application) and thereafter, their names were recommended by the District Compassionate Appointment Committee (hereinafter referred to as the 'Committee'). On 20.09.2006 the petitioners were considered for appointment on the post of teacher in the regular pay-scale but the respondents made the petitioners to join as Block Teacher in fixed remuneration. This gave rise to a dispute. As according to the petitioners, even the Government in it's Department of Personal and Administrative Reforms had clarified vide Letter No. 3/Anu-17/2005 ka 6905 dated 17.10.2008 that the post of Panchayat Teacher /Block Teacher /Town Teacher is not a post under the Government, hence no recommendation could have been made for appointment on such posts. The petitioners were aggrieved because they understood that their recommendations were made for regular posts in regular pay-scales but they were compelled to join as a contract teacher under the Rules for Appointment of Teachers, 2006 on a fixed pay.