UTTAM KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and counsel for the State.

(2.) The petitioner in this writ application has made a prayer for reconsideration of his case for being appointed on a Class-Ill post by way of compassionate appointment. Learned counsel for the petitioner would submit that the petitioner had already passed Intermediate Examination in the year 1994 and as such when the father of the petitioner had died on 25.2.2003 in harness while working as an Assistant Teacher in Rajkiya Kirit Uchaya Vidyalaya, Pauthu, Aurangabad (Bihar), he ought to have been recommended by the District Education Establishment Committee for being appointed on a Class-Ill post instead of Class-IV post. Learned counsel for the petitioner has also submitted that the subsequent appointment given to the petitioner on Class-IV post on 31.5.2004, though accepted by the petitioner, could not have bound him to continue on such Class-IV post, inasmuch as, others having Intermediate were given the benefit of both recommended and appointed on Class-Ill post.

(3.) Counsel for the State, on the other hand, would submit that when the father of the petitioner had died on 25.2.2003, the case of the petitioner was placed before the District Compassionate Appointment Committee headed by the Collector of the district, which had recommended the petitioner against a Class-IV post and in terms of the said recommendation, the appointment of the petitioner was also made on a vacant Class-IV post of Peon. He would, accordingly, submit that after three and half years of the petitioner having continued in service against a Class-IV post, he could not have raised a dispute as with regard to his being appointed by way of recommendation against a Class-Ill post.