NAJMUSSABAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Sumir Prasad, learned counsel for the petitioner and Mr. RK.Marathia, learned GP 2.

(2.) IN this writ application the petitioner has prayed for issuance of appropriate direction upon the respondents, particularly respondent No. 4, the District Superintendent of Education, Hazaribagh to approve the appointment of the petitioner and to pay salary from the date of her joining i.e. 7.9.1993.

(3.) A counter -affidavit has been filed by the respondent Nos. 3 and 4. The case of respondent is that since it was a case of compassionate appointment in a non -Government school and there has been no such provision of appointment on compassionate ground, so the case was referred by respondent No. 4 to respondent No. 2 for guidelines. The respondent No. 2, the Director Primary Education instructed that it is upto the District Superintendent of Education to ensure that a candidate has been appointed against a post sanctioned by the Government and if it is done according to the procedure, her service is to be approved. It is further stated that since the recommendation of the District Compassionate Committee has not been made for appointment of the petitioner, there would be no question of its approval.