Petitioner sought compassionate appointment after father's death. Recommended post was non-government. Court directed appointment in a government post within three months, disposing of the application.
Directed respondents to make appointment in a government post within three months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.5331 of 2009
KRISHNA MOHAN PATHAK
Versus
THE STATE OF BIHAR & ORS
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The father of the petitioner was an Assistant Teacher in a Government Middle School. He died in harness. The petitioner applied for compassionate appointment. On 25.6.2008 his case has been recommended for compassionate appointment. The recommendation was for appointment as a Panchayat Shikshak
or a Block Teacher. The objection of the respondents is that they were not government posts on which compassionate
appointment could be made.
It appears that similar matter has been considered by this Court in CWJC No. 13944 of 2005 when in similar circumstances, in the background of the recommendation of the District Compassionate Appointment Committee, the compassionate appointment has been made on other posts under the State Government.
If the petitioner cannot be appointed on the post of Panchayat Shikshak, it being not a post under the Government, but his eligibility for compassionate appointment has been found to be genuine, the respondents are required to make necessary appointment under the Government in accordance with the recommendation expeditiously preferably within a maximum period of three months from the date of receipt and/or production of a copy of this order.
The writ application stands disposed off.
Snkumar/
(Navin Sinha,J.)
2 issues framed by the court
Whether compassionate appointment can be made for a petitioner whose recommended post is not a government post.
What effective relief to grant when the recommended compassionate appointment post is not covered by the government.
Krishna Mohan Pathak
The State of Bihar
Navin Sinha
As recorded by the court registry
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