BRAJESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONERS in these writ applications are the dependents and legal heirs of Assistant Teachers, who died in harness, while working in Primary and Middle Schools. Some of the petitioners had applied for their compassionate appointment and the District Compassionate Appointment Committee had recommended for their appointment on Class -III Government posts, in case of non -availability of Class -III posts on any Government Class -IV Imposts. In cases of some petitioners, their applications for compassionate appointment have been returned by the District Compassionate Appointment Committee, in view of the order issued by the Deputy Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna vide letter No. 2955 dated 22.6.2009. Through this letter a direction has been issued by the Deputy Secretary, Department of Personnel and Administrative Reforms that the District Compassionate Appointment Committee will not make any recommendation for compassionate appointment in case of legal heirs of teachers and non -teaching employees in Primary and Middle Schools, for any Government Class -III and Class -IV posts. Their cases will be considered by the competent Committee for compassionate appointment on the posts of Panchayat and Prakhand Teachers in fixed salary.

(2.) THE Department of Personnel and Administrative Reforms, Government of Bihar, Patna, vide resolution No. 12754 dated 12.7.1977 had made provisions for compassionate appointment of dependents/legal heirs of those Government employees, who died in harness. The recommendation was to be made on an Class -III and Class -IV posts as per the eligibility. This provision was made to give financial support to the family of Government employee dying in harness, as on account of sudden death of bread earner, the family was forced to face starvation and serious financial hardship. Time to time some changes were made in the resolution relating to period of limitation for filing an application and the list of dependents but so far the constitution of the Compassionate Committee and the effect of recommendation made by the Compassionate Committee is concerned it remained unchanged. In case of death of Government employee in harness, the recommendation of Compassionate Committee was to be followed by the concerned Department and its authorities where the deceased employee used to work. The authorities in the Department had to issue Appointment letter as per the recommendation of the District Compassionate Appointment Committee. The District Compassionate Committee used to consider the application of compassionate appointment, of legal heirs of such Government employees, who died in harness. The meeting of the Compassionate Committees are held under the Chairmanship of the District Magistrate and the departmental heads of each Department as members. Recommendations made by the Committees are final and it cannot be altered by any individual officer, on its own decision, Any review, change, alteration is to be made by the Committee itself.

(3.) PETITIONERS ' fathers /mothers were also working as Assistant Teachers in such schools, which was under the Management of the State Government. They were also entitled for all benefits for which a Government servant was entitled, till the date of their death they were Government servants and after their death their legal heirs (petitioners) filed their applications for compassionate appointment before the departmental head i.e. District Superintendent of Education, who recommended their applications to the District Compassionate Appointment Committee for taking decision. The District Compassionate Committee recommended for petitioners' appointment on Class -III posts considering their eligibility and qualification. In some of the cases the recommendations were made much earlier to 2006. In some cases recommendations were made later on, but appointment letters were issued after 1.7.2006 for the posts of Panchayat/Prakhand teachers on a fixed salary. This is the grievance ca the petitioners, for redressal, of which all these writ applications have been filed.