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2010 DIGILAW 163 (PAT)

Firoz Ahmad v. State Of Bihar

2010-02-09

MRIDULA MISHRA

body2010
JUDGEMENT 1. Heard the counsel for the petitioners and the counsel appearing for the State. 2. Prayer of the petitioners, in all writ applications, is for directing the respondents to appoint them on Class-Ill post on Compassionate Ground as per recommendation made by the District Compassionate Committee. In some of the writ applications, the prayer is for quashing of the letters issued by the concerned District Superintendent of Education whereby the petitioners have been asked to give consent for their appointments on the post of Panchayat Teachers/Prakhand Teachers/Nagar Teachers ignoring the recommendation made by the District Compassionate Committee. 3. Petitioners are legal heirs and dependants of Assistant Teachers working in the Govt. Schools who died in harness. In case of the death of bread earner of the family and there being provisions for Compassionate Appointment of dependants of Govt. Employee, petitioners filed their application for Compassionate Appointment. Their applications were considered by the District Compassionate Committee and considering their qualification, recommendations were made for appointment on Class-Ill posts. But the petitioners are being asked for giving consent for their appointment on the post of Panchayat Teachers/Prakhand Teachers/Nagar Teachers on contractual basis in a fixed salary. 4. The issue relating to Compassionate Appointment of dependants of Assistant Teachers and other employees working in Govt. Schools who were appointed much earlier to the implementation of Bihar Panchayat Teachers (Employment & Service Conditions) Rules, 2006 has been considered by this court in a decision reported in 2010(1) PLJR 339 (Brajesh Kumar & Others V/s. The State of Bihar & Ors.) and analogous cases and while allowing those writ applications, direction has been issued to the respondents for issuance of appointment letters in favour of the dependants of Assistant Teachers as per the recommendations of the District Compassionate Committee. The Assistant Teachers, appointed earlier to the enactment of 2006 Rules, cannot be considered as teachers appointed under 2006 Rules. They should be given same benefit for which legal heirs of any Government employees are entitled. The Assistant Teachers, appointed earlier to the enactment of 2006 Rules, cannot be considered as teachers appointed under 2006 Rules. They should be given same benefit for which legal heirs of any Government employees are entitled. A direction has also been issued in the reported decision that in case ignoring the recommendation of the District Compassionate Committee for their appointment on Class-Ill Government post in regular scale, the District Superintendent of Education of the respective districts were not competent to ignore the recommendation of the Compassionate Committee, appointment letters issued in favour of the petitioners requires modification and regular pay scale should be allowed to such petitioners as Committees decision is the collective decision and not an individual decision. Respondents have also been directed to consider the case of the petitioners appointment in the light of the letter No. 6905 dated 17.1.2008 issued by the Personnel and Administrative Reforms, Govt. of Bihar where it has clearly been pointed out that the post of Panchayat Teachers/Prakhand Teachers/Nagar Teachers are not the post guided under the provision and control of State Government. 5. All these writ applications are being disposed of with similar direction in the light of the reported decision 2010(1) PLJR 339 . The respondents will comply with the direction of this court in cases of the petitioners, preferably within 12 weeks from production/communication of the order.