RAJ KUMAR PASWAN Vs. BIHAR STATE ELEC.BOARD

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner had originally filed the writ petition for a direction upon the respondents to appoint him on compassionate ground on account of death of his father while still in service on 20.6.2001. In the writ application it was stated that the District Compassionate Committee met on 11.8.2003 and recommended the name of the petitioner for appointment on compassionate ground on Class - Ill post. Subsequently the Executive Engineer, Electrical Works Division, Bhagalpur stated that no vacancy was available in the said Department and accordingly, a further recommendation was made by the District Compassionate Committee in its meeting dated 20.11.2006 and the case of the petitioner was recommended for appointment on a Class -Ill post in the Education Department. Alongwith the petitioner two other persons, namely, Mukund Kumar Jha and Gulnar Shagufta were also recommended for appointment in the same Department. It appears that on the basis of a Circular issued by the Principal Secretary, Human Resources Development Department on 28.12.2006, consent was sought from the candidates for being appointed on the post of Panchayat/Nagar Shikshak. The petitioner gave his consent while the other two candidates did not give their consent. It is stated that the petitioner was an Intermediate and the other two candidates were merely Matriculate. On the basis of the said facts, the petitioner was given appointment on the post of Nagar Shishak on the fixed contractual pay of Rs. 4,000/ -, whereas the other two candidates were given regular appointments as Class -Ill Government servants in the State Government in the pay scale of Rs. 3050 -4590/ -. Aggrieved by the same and alleging discrimination, the petitioner has challenged such further action of the respondent authorities.

(3.) LEARNED counsel for the petitioner points out that in the Letter No. 6905 dated 17.10.2008 issued by the Personnel and Administrative Reforms Department, Government of Bihar, it has been clearly pointed out that the posts of Panchayat/Prakhand/ Nagar Panchayat Shikshak are not the posts under the State Government and with respect to such posts, it is beyond the jurisdiction of the District Compassionate Committee to recommend an appointment. It is further directed in the said Circular that no such recommendation for appointment on compassionate ground on such post should be made in the near future and if any such recommendation has been made earlier, then the District Compassionate Committee should reconsider the same and make a further recommendation in accordance with the Circular issued by the Department of Personnel and Administrative Reforms.