PRANHAT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Amaresh Kumar Singh, learned counsel along with Mr. Dineshwar Prasad Singh, learned counsel appearing on behalf of the petitioner and Mr. Apurva Kumar, learned counsel for the State.

(2.) The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, following relief(s), which is reproduced hereinafter:-

(3.) Learned counsel appearing on behalf of the petitioner submits that after the death of the father of the petitioner in harness on 30/4/1998, while he was working as Assistant Teacher in Primary School, Dasgram, P.S.-Barari, Katihar, the petitioner had made an application for considering him to be appointed on compassionate ground. The case of the petitioner was considered by the District Compassionate Committee in its meeting held on 21/5/2002 along with other applicants from which one Ms. Dolly Mamta, the daughter of Late Santoshi Mery who was serving at Primary Health Centre, Mahihari was recommended for Class-III post and she was appointed on the said Class-III post. The petitioner's father was Assistant Teacher and in spite of the fact that the petitioner having all the requisite qualification for being appointed on Class-III post in accordance with the governing Rules of Appointment of teachers and Circular of the State Government issued in this regard, the petitioner was discriminated and he was appointed on Class-IV post w.e.f. 7/2/2003. The petitioner being discriminated filed C.W.J.C. No. 11735 of 2005 which was heard on 10/2/2012. This Court having perused the recommendation dtd. 21/5/2002 and the order of this Court dtd. 22/3/2005 passed in C.W.J.C. No. 9982 of 2002 (Quajee Md. Hussain Vs. The State of Bihar & Ors.) observed that while making recommendation dtd. 21/5/2002, authorities were not justified in recommending Ms. Dolly Mamta for appointment on Class-III post and the petitioner's appointment on Class-IV post when both were qualified for Class-III post. This Court directed the State-respondents to consider the case of the petitioner for granting him Class-III appointment or to take steps for reversion of Ms. Dolly Mamta on Class-IV post after giving notice to her. It is further contended on behalf of the petitioner that the authority concerned took corrective measures and appointed the petitioner on Class-III post on 14/12/2015 (Annexure-3), however, the petitioner has not been given pay protection and has sought interference with the Office Order contained in Memo Nos. 747 dtd. 14/12/2015 and 04 dtd. 2/1/2016 both issued by RDDE, Purnea to the extent that the petitioner is entitled for pay protection from the initial date of his appointment in light of the order dtd. 3/9/2019 passed in M.J.C. No. 1204 of 2017, arising out of C.W.J.C. No. 9982 of 2002.