Anita Kumari D/o Late Sheo Shankar Prasad v. State Of Bihar
2020-03-03
ANIL KUMAR UPADHYAY
body2020
DigiLaw.ai
ORDER : 1. Heard learned counsel for the petitioner sand the respondents. 2. The petitioners have approached this Court for a direction to the respondents to consider their cases for appointment on compassionate ground. 3. Learned counsel for the petitioners submits that in the year 2006 when the Rule was framed, provision was made that the dependents of the employee, who died in harness, to be considered for compassionate appointment on the post of Panchayat Teacher. In 2012, the respondents have amended the Rule and introduced eligibility condition of passing training as well as TET, which has rendered the application for grant of compassionate appointment virtually redundant. 4. In the aforesaid backdrop, the Court directed the Additional Chief Secretary-cum-Principal Secretary of the Education Department to consider the objective behind the compassionate appointment as social security measure to tide over the financial crisis on account of untimely death of the bread earner. Thereafter the Education Department constituted four member High Power Committee. The Committee after due deliberation submitted recommendation as contained in Memo No. 1275 dated 26.09.2019 and the Committee recommended that the case of dependent may be considered for appointment on Class-III and Class-IV post, if they do not fulfill the eligibility condition for appointment as Panchayat Teacher. 5. Under the aforesaid circumstance, all the writ application are disposed of with a direction to the Director, Primary Education, Government of Bihar to take appropriate decision with regard to the claim of the petitioners for compassionate appointment in the light of the recommendation of the High Power Committee as contained in Memo No. 1275 dated 26.09.2019 at the earliest preferably within a maximum period of four months from the date of receipt/production of a copy of this order. 6. The respondents cannot be heard saying after recommendation of the High Power Committee as contained in Memo No. 1275 dated 26.09.2019 that the petitioners are not qualified for the post of Panchayat Teacher, therefore, their claim for compassionate appointment is frustrated. They have to keep in mind that the compassionate appointment is a social security measure and it should be implemented like social security measure and technicalities should be avoided while taking decision for compassionate appointment. 7. With the aforesaid observations and directions all the batch of writ applications stand disposed of.