MANOJ KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IT is quite unfortunate that while the District Compassionate Appointment Committee referred the matter to the Department saying that inasmuch as the petitioner is over -aged by five months appropriate decision be taken as to whether it would be prudent to relax the age bar of the petitioner or not and when, in terms thereof, the Regional Deputy Director of Education has relaxed the age bar of five months and remitted back the matter to the District Compassionate Appointment Committee, the District Compassionate Appointment Committee has doubted the authority of the Regional Deputy Director of Education and felt that the matter of relaxation should have been decided by the Director and once again remitted the matter for consideration by the Director and the Director is sitting tight over the matter. l think it was obligatory on the part of the District Compassionate Appointment Committee to indicate at the threshold that the decision of relaxation of age bar should come from the top person in the Department by naming the post held by such person. Once it has been remitted to the Department and a responsible Officer of the Department has discharged his obligations in terms thereof, the Compassionate Appointment Committee was incompetent to question the action of such Officer of the Government. In any event, in the instant case since the matter has been sent to the Director and the Director has yet not spoken against the decision of the Regional Deputy Director of Education, it must be deemed that the Director has accepted what the Regional Deputy Director of Education has done in the instant case and accordingly the Director is directed to remit back the entire file pertaining to compassianate appointment of the petitioner to the District Compassionate Appointment Committee within seven days from the date of service of a copy of this order with a further direction to the District Compassionate Appointment Committee to decide the claim of the petitioner for compassionate appointment, proceeding on the basis that his age relaxation has been accorded by the appropriate authority of the State within seven days from the date of receipt of the file from the Collector on its merit and strictly in accordance with law.

(2.) THIS disposes of the writ petition. There shall be no order as to costs.