MANOJ KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) <DJG> RAVI S.DHAVAN,CJ & SHASHANK KUMAR SINGH,J. </DJG>-These three Letters Patent Appeals have been preferred against a common judgment/order of a learned Single Judge dated 28.4.1997 in C.W.J.C. No. 967 of 1997 (Manoj Kumar Singh vs.The State of Bihar & Ors.), C.W.J.C. No. 798 of 1997 (Ajay Shankar Choudhary vs. The State of Bihar & Ors.) and C.W.J.C. No. 955 of 1997 (Rabindra Kumar Tiwari vs. The State of Bihar & Ors.). All the three appeals have been heard together and as common points have arisen in the same, with the consent of the parties the same are being disposed of by this common judgment.

(2.) ALL the three appellants had applied for compassionate appointments due to death of their respective fathers, who had died in harness.

(3.) AS far as the other two appellants are concerned, they were also selected in a similar manner and appointed in different schools in the district cadre. They joined pursuant to the appointment letters issued in their favour, but protested that as their respective fathers were employees in the divisional cadre in the service of the State government where they died in harness they should have been also appointed in school coming under the divisional cadre. On 26.6.1991, the District Education Officer recommended their cases pointing out that they have been appointed in a different cadre than in which their respective fathers served at the time of their death. On 31.12.1993 R.D.D.E. issued orders for their appointment, in the Divisional cadre. However, by order dated 10.1.1997, the order transferring both the appellants to the divisional cadre was cancelled and their services were placed at the disposal of the District Education Officer, Bhagalpur for their adjustment on any class III posts. Being aggrieved by the aforesaid order of cancellation they had preferred the writ applications.