Patna High Court
The State Of Bihar And Ors vs Sanjit Kumar on 29 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.217 of 2011
In
Civil Writ Jurisdiction Case No.310 of 2010
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1. THE STATE OF BIHAR
2. Principal Secretary, Human Resources Development Department,
Government Of Bihar, Patna.
3. Director, Primary Education, Bihar, Patna.
4. District Magistrate, Patna.
5. District Superintendent Of Education, Patna.
... ... Appellant/s
Versus
SANJIT KUMAR S/O Late Banke Paswan Resident Of Village B.N. Pahari,
Police Station Rahui, District Nalanda.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Rajeshwar Singh GA-10.
For the Respondent/s : None.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 29-01-2021
Heard learned counsel for the parties.
Aggrieved by judgment and order dated 28.01.2010
passed in CWJC No. 310 of 2010, passed by learned Single
Judge of this Hon'ble Court allowing the writ petition, State of
Bihar, has preferred this L.P.A.
Briefly stated, the facts of the case is that writ
petitioner's father was posted as Assistant Teacher, who died in
harness on 11.09.2006 and the case of writ petitioner for
Patna High Court L.P.A No.217 of 2011 dt.29-01-2021
compassionate appointment was considered by the District
Compassionate Appointment Committee on 25.01.2008, which
recommended appointment of petitioner in the pay scale of Rs.
4500-7000/- and pursuant to said recommendation of
Committee writ petitioner was appointed as Prakhand Shikshak
on 20.06.2008.
There was no post vacant of Grade-III and Grade-IV
post as Education Department had notified Teachers
Appointment Rules-2006 which came into effect from
01.07.2006 and Regular Teachers Appointment Rules was
repealed.
Writ petitioner filed writ petition being CWJC No. 310
of 2010 for his appointment on the post of Assistant Teacher in
regular pay scale as he was recommended by the District
Compassionate Committee against Class-III post, which was
allowed by the learned Single Judge along with other analogous
cases by order dated 28.01.2010 and directed the authorities of
Education Department for appointment of petitioner on regular
post in regular pay scale as recommended by District
Compassionate Committee.
The entitlement of petitioner as well as other similarly
placed candidates for compassionate appointment on regular
Patna High Court L.P.A No.217 of 2011 dt.29-01-2021
pay scale or fixed pay scale was finally decided by the Apex
Court in the case of Mukesh Kumar & Anr Vs. State of Bihar
& Ors (Civil Appeal Nos. 4773-4779 of 2017 and its
analogous cases), relevant portion whereof reads as follows:-
"For the foregoing reasons, we direct that the
Appellants who were recommended for appointment to
Class-III or Class-IV posts prior to 01.07.2006 will either be
appointed on Class-III or Class-IV posts on regular basis or
will be entitled for continuance as Teachers on a regular pay
scale. The other Appellants who were appointed after
01.07.2006 will not be entitled for the relief of regular pay
scales. However, we grant them liberty to approach the State
Government for suitable relief in terms of the order passed
in SLP (C) NO. 29655 of 2010."
The present LPA is disposed of in terms of the
judgment and order dated 03.04.2017 passed by the Apex Court
in the case of Mukesh Kumar (supra).
(Sanjay Karol, CJ)
( S. Kumar, J)
ranjan/-
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