ARBIND KUMAR CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing memo dtd. 7/3/2019, issued by the Respondent No. 1 bearing the signature of the Respondent No. 3 i.e. the Joint Secretary, Department of Education, Government of Bihar, Patna whereby and whereunder the Government of Bihar, in compliance of the order passed by the Hon'ble Apex Court in Civil Appeal No. 4776- 4777/2017 (Mukesh and Another vs. State of Bihar and Others) dtd. 3/4/2017, has taken the following decisions:-

(2.) The brief facts of the case are that the father of the petitioners herein died in harness prior to 1/7/2006 and at that time, no family members of the petitioners were in any service. The petitioners being intermediate pass or possessing qualification higher than intermediate pass, at the relevant time, had made applications for appointment on compassionate ground before the concerned respondents in the year 2006, whereafter their cases were recommended for appointment on compassionate ground on the regular post of Teacher by the District Compassionate Committee, Saran. While the petitioners no. 1 to 8 were recommended vide letter dtd. 15/1/2007, the petitioner no. 9 was recommended vide letter dtd. 19/11/2007. Thereafter, the petitioners were appointed on the contractual post of Panchayat / Block Teacher as per the Bihar Panchayat Primary Teacher/Municipal Teacher (Appointment and Service Conditions) Rules, 2006 (hereinafter referred to as the 'Rules 2006'). The petitioners no. 1 to 8 had then joined as contractual teacher in the year, 2007 while the petitioner no. 9 had joined in the year, 2008. At this juncture, it is submitted that the post of Panchayat / Block Teacher / Town Teacher is not a Government post and in such view of the matter, even the Government of Bihar, by a letter dtd. 17/10/2008, issued under the pen and signature of the Dy. Secretary to the Government, Depart. of Labour and Administrative Reforms, had clarified that the post of Panchayat Teacher / Block Teacher/ Town Teacher is not a post under the Govt. of Bihar, hence, no recommendation for appointment on compassionate ground can be made for such posts. In fact, the petitioners are stated to have been recommended to be appointed on regular vacant posts.

(3.) The petitioners no. 1 to 6 and 9 had then approached this Court by filing various writ petitions bearing C.W.J.C. No. 17953 of 2008, C.W.J.C. No. 3638 of 2008, C.W.J.C. No. 721 of 2008, C.W.J.C. No. 14855 of 2008, C.W.J.C. No. 654 of 2008, C.W.J.C. No. 1461 of 2008 and C.W.J.C. No. 14420 of 2009, which were allowed vide order dtd. 8/1/2010, passed by a coordinate Bench of this Court and the respondents were directed to consider the case of the said petitioners for appointment in light of the letter no. 6905 dtd. 17/10/2008, issued by the Personnel and Administrative Reforms Department, Government of Bihar, Patna, wherein it has been clearly pointed out that the posts of Panchayat / Prakhand / Nagar Shikshaks are not under the State Government and with respect to such posts, the District Compassionate Appointment Committee cannot make any recommendations and further, this Court had directed the respondents to appoint the said petitioners on Government posts as per the recommendation of the Compassionate Committee and allow the petitioners regular pay scales of an Assistant Teacher.