Patna High Court
Md. Manjar Imam vs The State Of Bihar on 5 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12526 of 2023
======================================================
Md. Manjar Imam Son of Late Md. Majibul Haque Resident of Vilage-Rahta
Ward no. 8, P.S. Udakishunganj, District-Madhepura. Presently Posted as
Assistant Teacher Middle School Chousa Block Chousa, Dist.-Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary Education
Department, Government of Bihar, Patna.
2. The Director, Primary Education Bihar, Patna.
3. The District Magistrate, Madhepura.
4. The District Programme Officer, Establishment, Madhepura.
5. The Block Development Officer, Chousa, District-Madhepura.
6. The Block Education Officer, Chousa, District-Madhepura.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Singh, Advocate
Mr. Onkar Kumar, Advocate
For the Respondent/s : Mr. Kameshwar Kumar, GP-17
======================================================
CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
ORAL JUDGMENT
Date : 05-08-2025
Heard Mr. Alok Kumar Singh, learned counsel
appearing on behalf of the petitioner and Mr. Kameshwar
Kumar, learned GP-17 appearing on behalf of the State.
2. By means of this writ petition, the petitioner seeks a
direction to the respondent authorities to appoint him on Class-
III post as per the decision and recommendation made by the
District Compassionate Appointment Committee in the meeting
held on 13.12.2008 on regular pay scale.
3. It is the case of the petitioner that the petitioner's
Patna High Court CWJC No.12526 of 2023 dt.05-08-2025
2/6
father died in harness on 26.12.2006 when he was posted as
Assistant Teacher in Primary School, Kherho, Block-Puraini,
District-Madhepura.
4. The District Compassionate Appointment
Committee under the Chairmanship of District Magistrate,
Madhepura held a meeting on 13.12.2008, wherein, petitioner
has been recommended for appointment on Class-III post on
regular pay scale. The said recommendation has been enclosed
as Annexure-P/2 to the writ petition.
5. The grievance of the petitioner is that despite the
recommendation of the District Compassionate Appointment
Committee for appointment of the petitioner as Class-III
employee on regular pay scale in the meeting held on
13.12.2008
, the respondent authorities have appointed the
petitioner as Prakhand Teacher on a fixed remuneration.
6. Hence, the writ petition seeking a direction to
appoint the petitioner on a Class-III post of a regular pay scale.
7. Respondent No. 4 - the District Programme
Officer, Establishment, Madhepura has filed a counter affidavit,
wherein, it has been stated that the father of the petitioner had
died in harness on 26.12.2006 while working as Assistant
Teacher in Primary School, Kherho, Block-Puraini, District-
Patna High Court CWJC No.12526 of 2023 dt.05-08-2025
Madhepura and a recommendation has been made by the
District Compassionate Appointment Committee under the
Chairmanship of District Magistrate, Madhepura in a meeting
held on 13.12.2008 for appointment of the petitioner on a Class-
III post on regular pay scale.
8. While not denying the death of the petitioner's
father in harness while working as Assistant Teacher as well as
the recommendation made by the District Compassionate
Appointment Committee in a meeting held on 13.12.2008 under
the Chairmanship of District Magistrate, Madhepura for the
appointment of the petitioner on a Class-III post on regular pay
scale, in paragraph nos. 8, 9 & 10 of the counter affidavit filed
by the respondent no. 4 / the District Programme Officer,
Establishment, Madhepura, it has been stated as under:
"8. That on 13.12.2008 the
District Compassionate appointment
Committee organised a meeting under
Chairmanship of the District
Magistrate, Madhepure and petitioner
has appointed on Closs-III Post on
regular pay scale.
dated 21.11.2011 issued by the Officer
of Block, Chausa and petitioner has
been appointed as Block Teacher in
Patna High Court CWJC No.12526 of 2023 dt.05-08-2025
Middle School - Chausa, District-
Madhepura.
10. That according to Rule
10 of the Bihar Panchayat Teacher
(Niyojan and Service Condition) Rule,
2006 and Amendment Rule 2008 there
is a specific provision has been
described that the dependent of
teachers and non-teaching staffs shall
be appointed as Panchayat
Teacher/Block Teacher on the basis of
Compassionate Appointment and it
will be decided only on the basis of
their qualification and requisite
qualification. And it is also a
mandatory for Compassionate
appointee that they would obtained
teacher training that degree within a
period of 6 years."
9. On perusal of the counter affidavit filed by the
respondent No. 4 - the District Programme Officer,
Establishment, Madhepura, the relevant paragraphs of which
have been extracted hereinabove, it appears that the petitioner
has been appointed as Prakhant Teacher/Block Teacher on a
fixed honorarium on the basis of Rule 10 of the Bihar Panchayat
Teacher (Niyojan and Service Conditions) Rule, 2006 and the
Amendment made in the Rule in the year 2008.
Patna High Court CWJC No.12526 of 2023 dt.05-08-2025
10. The title of the Bihar Panchayat Teacher (Niyojan
and Service Conditions) Rule, 2006, itself would indicate that
the said Rule is made for the Panchayat Teachers, whereas, the
petitioner's father was not a Panchayat Teacher but a Regular
Assistant Teacher.
11. In that view of the matter, the Bihar Panchayat
Teacher (Niyojan and Service Conditions) Rule, 2006 would not
be applicable in the case of the petitioner, insofar as the
appointment of the petitioner on compassionate ground on the
death of his father in harness while working as Assistant
Teacher, as the petitioner's father was not a Panchayat Teacher
but an Assistant Teacher at the time of his death.
12. Under the circumstances, I find that no justifiable
reason has been assigned in the counter affidavit filed by the
respondent no. 4 to deny the petitioner's appointment on the
post of Class-III on regular pay scale as recommended by the
District Compassionate Appointment Committee, Madhepura in
the meeting held on 13.12.2008 on account of his father having
died in harness on 26.12.2006 while working as Assistant
Teacher in Primary School, Kherho, Block-Puraini, District-
Madhepura. On the contrary, it appears that the petitioner has
been appointed as Prakhand Teacher on fixed honorarium on the
Patna High Court CWJC No.12526 of 2023 dt.05-08-2025
basis of Rule that does not apply to the petitioner for his
appointment on compassionate ground.
13. For the reasons stated above, this writ petition is
allowed with a direction to the respondents to appoint the
petitioner in a Class-III post on regular pay scale on
compassionate ground in term of the recommendation made by
the District Compassionate Appointment Committee,
Madhepura in its meeting held on 13.12.2008 (Annexure-P/2 to
the writ petition).
14. The writ petition is disposed off with the above
direction.
(Nani Tagia, J)
Nilmani/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 06.08.2025
Transmission Date N/A
