MD. TALIB Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing on behalf of petitioners and the learned counsel appearing on behalf of State.

(2.) The petitioners have filed this writ application under Article 226 of the Constitution of India being aggrieved with the order dated 12.09.2019 passed by the District Programme Officer (Establishment), Begusarai (Respondent No.5){Annexure-1 to this writ application}, whereby the petitioner No.1 Md. Talib has been appointed, as clerk, in Government T.P.C. High School, Nayatola, Agapur and petitioner No.2 Mehadi Hasan has been appointed, as clerk, in Government High School, Tarbanna, District-Begusarai in regular pay scale of Rs.5200-20200/-, Grade Pay Rs.1900/-, seeking the writ of mandamus, directing the respondents to appoint them on the post of teacher on regular pay scale.

(3.) The case of the petitioners is that Riyajul Haque, father of petitioner No.1 Md. Talib, and Muslim Ansari, father of petitioner No.2 Mehadi Hasan, were Assistant Teachers on regular pay scale and both died prior to 01.07.2006. Thereafter, both the petitioners submitted applications for thier appointment on compassionate ground. The District Compassionate Committee, Begusarai, considered the matter of the petitioners and recommended for their appointment on compassionate ground in meeting held on 14.12.2005 on Class- III post, but the petitioners were appointed on the post of Block Teacher on fixed pay scale. Thereafter, the petitioner No.1 Md. Talib was posted as Block Teacher in Urdu Middle School, Lakhminiya, Block-Balia, District-Begusarai on 26.05.2007 and petitioner No.2 Mehadi Hasan was posted as Block Teacher in Middle School Malipur, Block-Garhpura, District-Begusarai on 02.07.2007. The petitioners appeared in the evaluation examination for primary teachers and got succeeded. The petitioners made representation before the respondents to grant them the status of Assistant Teachers on regular pay scale, but their representations were not considered. Thereafter, both the petitioners filed C.W.J.C. No. 15713 of 2018 before this Court, which was disposed of on 12.09.2018 with direction that the petitioners may file representation regarding their grievance before the respondent No.5, the District Programme Officer (Establishment), Begusarai, within a period of two weeks and in case such representation is filed, then the same may be considered and disposed off considering the Judgment rendered by the Hon'ble Apex Court dated 03.04.2017 passed in Civil Appeal No. 4776-4777 of 2017 and other analogous cases within a period of six weeks from the date of filing of the said representation by a reasoned and speaking order. Due to non- consideration of the representations of petitioners, petitioners filed Miscellaneous Jurisdiction Case no. 627 of 2019 in Civil Writ Jurisdiction Case No. 15713 of 2018, but, in the meantime, the District Programme Officer, Establishment (Education Department) passed the order dated 12.09.2019 (Annexure-1), hence, the said M.J.C. No. 627 of 2019 was disposed of on 26.09.2019 with liberty to the petitioners to file fresh writ petition for redressal of their grievance. Thereafter, both petitioners have filed the present writ petition.