VISHWANATH PANDEY Vs. STATE OF BIHAR AND ORS

JUDGEMENT

(1.) Heard the counsel for the petitioner and the State. This application has been filed by the petitioner for a direction to the respondents for making correction in the appointment letter issued to the petitioner vide Memo No. 201 dated 25.11.2006. The petitioner was appointed on the post of Assistant Teacher as per the direction of this Hon'ble Court in C.W.J.C. No. 7258 of 2005 on compassionate ground but in his appointment letter, it is mentioned that he will be paid fixed salary alongwith other benefits in future.

(2.) It is not in dispute that father of the petitioner; an assistant teacher died in harness on 14.10.2004. Appointment of the petitioner on the post of assistant teacher was made as per direction of this Hon'ble court on compassionate ground and it was not an appointment made observing procedure for Panchayat Teachers on contract basis under 2006 Rules. In spite of that in his appointment letter, instead of salary allowed to an assistant teacher appointed on regular basis, a fixed salary has been mentioned.

(3.) Counter affidavit filed on behalf of the respondent, District Superintendent of Education, Buxar is completely silent as to why in the appointment letter of petitioner fixed salary in case of appointment under 2006 rule, has been mentioned. However counsel appearing for the State has submitted that after coming into force of 2006 rules relating to appointment of Panchayat Teachers, the District Superintendent of Education has got no power to make any appointment of assistant teachers on regular basis; all appointments even appointment on compassionate ground is made under 2006 rules. All such appointments of teachers are only on contract basis.