STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT OF BIHAR, PATNA Vs. SAKET SUMAN

JUDGEMENT

(1.) Feeling aggrieved by the judgment and order dated 26th November 2010 passed by the learned single Judge in C.W.J.C. No. 18673 of 2009, the respondent State of Bihar has preferred this Appeal under Clause 10 of the Letters Patent.

(2.) The matter at dispute is the compassionate employment claimed by the writ petitioners.

(3.) The writ petitioners are the dependent family members of the Government Teachers who died in harness in the years 2004 and 2005. Pursuant to the death of the parent, each petitioner applied for compassionate employment under then prevalent scheme for compassionate employment. Their applications were considered by the District compassionate Appointment Committee, Purnea in 2006. Each writ petitioner was found to be eligible for appointment in Class III service on compassionate ground. Although, their claims were approved and the Committee had recommended their case for appointment on Class III post as early as in 2006, no order of appointment was issued to the writ petitioners. Feeling aggrieved, the writ petitioners filed above C.W.J.C. No. 18673 of 2009 under Article 226 of the Constitution for a direction to the respondents to appoint each writ petitioner in Class III service on compassionate ground as recommended by the Committee.