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 -Mi Government posts, in case of non - availability of Class -Ill posts on any Government Class -IV posts. 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 -Ill 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.) PETITIONERS have prayed for quashing of letter No. 2955 dated 22.6.2009 on the ground that it is arbitrary, unwarranted, unconstitutional and violative of Articles 14 and 16 of the Constitution of India. Further prayer of the petitioners is for a direction to the respondents to appoint them on compassionate ground on any Class -lll/Class -IV Government posts as per their eligibility and recommendation of the District Compassionate Appointment Committee. Petitioners have also prayed for a direction to the District Compassionate Committee to recommend their cases for appointment on Government posts by recalling their applications as the applications have been returned in the light of letter No. 2955 dated 22.6.2009.

(3.) IN the State of Bihar, imparting School education at primary, middle and High School Levels is primary responsibility of the State Government. In the past, the State Government established some Schools which were known as Government Schoofs and some privately managed or under the Management of the Board, Municipalities were also taken over by the Government. Such schools were known as taken over schools and such Schools also became the Government Schools. Teaching and non -teaching staffs working in these schools were Government employees and entitled for all benefits as a Government Employee. In case of their death in harness, District Compassionate Appointment Committee used to recommend for the appointment of their legal heirs on Class -Ill and Class -IV posts.