Patna High Court
Nadeem Ahmad vs The State Of Bihar on 18 January, 2025
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5363 of 2024
======================================================
Nadeem Ahmad Son of Mumtaz Ahmad, Resident of Village- Ahiyapur, P.S.-
Maner, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, Department of
Education, Government of Bihar, Patna.
2. The Principal Secretary, Department of Education, Government of Bihar,
Patna.
3. The Special Secretary, Department of Education, Government of Bihar,
Patna.
4. The Director, Primary Education, Education Department, Government of
Bihar, Patna.
5. The District Compassionate Committee, Patna through the District
Magistrate-cum-Collector, Patna.
6. The District Magistrate, Patna.
7. The District Education Officer, Patna.
8. The District Programme Officer (Establishment), Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Kumar Jha, Advocate
Mr. Riya Giri, Advocate
Mr. Rakchika Shekhar, Advocate
For the Respondent/s : Mr. Santosh Chandra Bhaskar, AC to GP-11
======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL JUDGMENT
Date : 18-01-2025
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ application has been filed for the
following reliefs:
(i) For issuance of appropriate writ for setting
aside Memo No. 336 dated 07.03.2019 issued by
Respondent authorities under the signature of Joint
Patna High Court CWJC No.5363 of 2024 dt.18-01-2025
2/5
Secretary, Department of Education, Government of
Bihar, Patna.
(ii) For issuance of an appropriate writ for
quashing the Memo No. 2786 dated 24.07.2019
issued jointly by District Education Officer, Patna
and District Program Officer, Patna by which the
claim of compassionate appointment of the
petitioner to the regular post of teacher in regular
pay scale has been rejected.
(iii) For issuance of an appropriate writ for
commanding and directing the respondents to
appoint the petitioner to the regular post of teacher
in regular pay scale with all the consequential
benefits as per the recommendation of District
Compassionate Committee, Patna.
3. The case of the petitioner is that he, having intermediate
qualification, applied for appointment on compassionate ground
as his mother, Late Mahajabin Banoo had died in harness on
26.06.2023
, working on the post of teacher prior to 01.07.2006,
no family member of the petitioner were in service when his
father died. The District Compassionate Committee, Patna on
30.04.2007 vide Memo No. 1327 considered the case of the
petitioner and recommended for his appointment on regular pay
scale but the respondent authorities compelled the petitioner to
join as a Panchayat Teacher on fixed remuneration on a contract
Patna High Court CWJC No.5363 of 2024 dt.18-01-2025
basis (Annexure P2 of the writ application) as per Bihar
Panchayat Primary/Municipal Teacher (Appointment and
Service Condition) Rules, 2006.
4. The petitioner being aggrieved from the appointment as a
Panchayat Teacher on fixed pay, moved before this Court by
filing CWJC No. 17239 of 2009, which was finally disposed of
in favour of the petitioner and the Respondent authorities were
directed to appoint the petitioner as per the recommendation of
District Compassionate Appointment Committee within 12
days. Against the said order, the State filed LPA No.10464/ 2010
which was allowed by the Division Bench of this Court. Further,
SLP No. 37983/2013 was filed by the petitioner, in which
Hon'ble Apex Court observed and directed that the appellants
who were recommended for appointment prior to 01.07.2006
will be appointed on Class III and Class IV posts on regular pay
scale.
5. Learned counsel for the petitioner submits that in the
matter of similarly situated persons, on appeal bearing LPA No.
1472 of 2015 was dismissed by the Division Bench of this Court
on 18.04.2018 and decided the issue that Letter No. 38 dated
12.01.2018 binds the Respondent authorities to act on the
recommendation of District Compassionate Committee. He
Patna High Court CWJC No.5363 of 2024 dt.18-01-2025
further submits that the petitioner's case is squarely covered by
the judgment passed in LPA No. 1472 of 2015 (The State of
Bihar & Others Vs. Rituraj Saurav & Anr.) and in CWJC No.
8963 of 2018 (Chandra Shekhar Azad and Others Vs. State of
Bihar and Others).
6. It is further submitted that the petitioner filed a
representation dated 15.05.2019 before the Respondent
authorities on which no decision was passed. Thereafter,
petitioner filed contempt application bearing MJC No. 814 of
2020 and during the pendency of the application, the respondent
authorities rejected the representation via Memo No. 2786 dated
24.07.2019. Further, the contempt application was disposed of
by this Court with a liberty to challenge Memo No. 2786 in a
separate writ petition. The petitioner filed various representation
before the respondent authorities but no decision has been taken.
Hence, this writ application.
7. Having heard learned counsel for the parties and from
perusal of the case record, I find that the Principal Secretary,
Education Department has not considered the case of the
petitioner in view of the law laid down by the Hon'ble Apex
Court and the judgment passed by this Court as aforesaid.
8. In view of the aforesaid discussions, I have no option but
Patna High Court CWJC No.5363 of 2024 dt.18-01-2025
to set aside the order dated 07.03.2019 passed by the
Respondent authorities under the signature of Joint Secretary,
Education Department, Government of Bihar. The Respondent
authorities are directed to grant the regular pay scale to the
petitioner. The petitioner is also entitled to
consequential/monetary benefits admissible to him in
accordance with law.
9. With the aforesaid observations and directions, this writ
petition is allowed.
(Anjani Kumar Sharan, J)
priyanka/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 31.01.2025
Transmission Date N/A
