Dismissed

Navin Chandra Thakur and Ors. v. The State Of Bihar and Ors.

Patna HC21 Oct 2013CWJC/19769/2013

Case brief

AI extract

What is this about?

This court dismissed a writ petition filed by individuals already appointed as Prakhand Teachers seeking further compassionate appointment on Class-III posts. The court held that once a compassionate appointment is accepted, no further appointment on another post is permissible.

What did the court decide?

The writ petition for direction for further compassionate appointment on Class-III posts was dismissed.

Navin Chandra Thakur and Ors. Vs The State Of… — Pension and Retirement Benefits | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19769 of 2013

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====================================================== 1. Navin Chandra Thakur S/O Late Ramawatar Thakur R/O At+ P.OBathanada, Via- Khutauna, District- Madhubani. 2. Rahul Kumar Singh S/O Late Surendra Prasad Singh R/O- Vill+ P.OKewalpatti, Via+ Block+ P.S- Rajnagar, District- Madhubani. 3. Ravi Shekhar Prasad S/O Late Surendra Narayan Raut R/O Vill- Ratauli, P.O- Baingra, Via+ P.S- Saharghat, Block- Madhawapur, DistrictMadhubani. 4. Shambhu Kumar S/O Late Durganand Raut R/O Vill+ P.O- Rakhwari, P.S- Rudrapur, Block- Andhara Thadhi, District- Madhubani. 5. Narayan Jee Thakur S/O Late Ravi Kant Thakur R/O Vill- Belahi, P.OLohat, P.S- Pandaul, District- Madhubani. 6. Mehdi Hasan S/O Late Abdul Mannan R/O P.O- Jagatpur, ViaGhoghardiha, P.S- Phulpar, District- Madhubani. 7. Rishi Kumar Jha S/O Late Sharda Nand Jha R/O Vill- Marrar, P.OJitwarpur, P.S- Rahika, District- Madhubani. 8. Rambalak Roy S/O Late Sukhdev Roy R/O- Ekkamma, P.O- Ghonghor, Block- Rajnagar, District- Madhubani. 9. Santosh Kumar S/O Late Ram Prasad Paswan R/O Vill+ P.O- Khirhar, Block- Harlakhi, District- Madhubani.

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Shiv Chandra Ram S/O Late Chheu Ram R/O Vill+ P.O- Gonouli, ViaAndhara, Thardhi, District- Madhubani.

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Shankar Kumar S/O Late Indreshwar Thakur R/O Vill- Banigawa, P.OGhonghour, Via- Rajnagar, District- Madhubani.

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Kumar Pujan S/O Late Meena Kumari R/O Vill+ P.O- Raghopur Balat, Block- Rajnagar, District- Madhubani.

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Rakesh Prasad Dutta S/O Late Dev Chandra Prasad Dutta R/O Moh J.P. Colony, Ward No. 14, District- Madhubani.

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Kiran Kumari W/O Late Avdesh Kumar (Husband) R/S Vill- Bathohia, P.O- Lohat, Block- Pandaul. .... .... Petitioner/s Versus

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The State of Bihar

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The Principal Secretary, Human Resources Development Department,

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Patna High Court CWJC No.19769 of 2013 (3) dt.21-10-2013

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Govt. of Bihar, Patna.

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The Director Education Department, Govt. of Bihar, Patna.

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The District Magistrate- Cum- Chairman, District Compassionate Appointment Committee, District- Madhubani.

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The District Education Officer, Madhubani.

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The District Programme Officer (Estt.), Madhubani.

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The Block Development Officer, Khutauna, District- Madhubani.

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The Block Education Officer, Khutauna, Madhubani.

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The Block Development Officer, Rajnagar, Madhubani. 10. The Block Education Officer, Rajnagar, Madhubani. 11. The Block Development Officer, Rahika, Madhubani.

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The Block Education Officer, Rahika, Madhubani.

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The Block Development Officer, Andhra Thadhi, Madhubani.

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The Block Education Officer, Andhra Thadhi, Madhubani.

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The Block Development Officer, Pandaul, Madhubani.

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The Block Education Officer, Pandaul, Madhubani.

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The Block Development Officer, Phulparas, Madhubani.

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The Block Education Officer, Phulparas, Madhubani.

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The Block Development Officer, Bosapatti, Madhubani.

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The Block Education Officer, Bosapatti, Madhubani.

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate. For the Respondent/s : Mr. S.A. Alam, S.C. 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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Heard learned counsel for the parties.

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3 21-10-2013

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Having regard to the solitary prayer made in this writ application for issuing a direction for further compassionate appointment of the petitioners on Class-III posts who infact have already been appointed on the post of Prakhand Teachers in between October 2011 to February 2012 by way of their compassionate appointment on the basis of their consent for such

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Patna High Court CWJC No.19769 of 2013 (3) dt.21-10-2013

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3 / 3

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appointment as specifically recorded in their orders of appointment contained in Annexures 3 to 17 this Court must hold that their case is well covered by the judgment of the Full Bench of this Court in the case of State of Bihar & Ors. Vs. Rajeev Ran Vijay Kumar; {2010(3) PLJR 294} .

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In fact, the aspect that after a person is offered an appointment on compassionate ground and has also accepted the same, there will be no scope for further compassionate appointment on another post also stands settled in the judgment of Apex Court in the case of the State of Rajasthan Vs. Umrao Singh ; {(1994) 6 SCC 560} .

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That being so, the petitioners who are already working for a long period on the posts of Prakhand Teachers cannot now claim that they should now be appointed on Class-III posts. That is how the Full Bench of this Court in the aforesaid case having examined the government policy had held that appointment of the wards of the teachers is well permissible on the post of Panchayat Teacher/Prakhand Teacher and they cannot seek appointment on compassionate grounds on Class-III posts by way of matter of right. Infact there can be no "endless compassion" for the persons already appointed on compassionate ground.

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That being so, this writ application is wholly misconceived and is, accordingly, dismissed.

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(Mihir Kumar Jha, J)

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Sujit/-

Navin Chandra Thakur and Ors. v. The State Of Bihar and Ors.

Case brief

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Navin Chandra Thakur and Ors. v. The State Of Bihar and Ors.

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