Appeal by State Government challenging writ directing compassionate appointment. Court held based on Supreme Court precedent that once recommendation was made prior to July 1, 2006, state is bound to appoint, dismissing appeal.
Appeal stood dismissed; original writ order directing compassionate appointment is upheld.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.621 of 2014 In
Civil Writ Jurisdiction Case No.3022 of 2008
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... ... Appellant/s
Versus
Om Prakash Narain son of late Visnudev Prasad, resident of VillageDhobalia, P.S. Udant Raika Bangra, P.S. Manjhagarh, District Gopalganj
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Prabhat Kumar Singh, Adv. For the Respondent/s : Mr.
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CORAM: HONOURABLE THE CHIEF JUSTICE and
HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 07-12-2017
This is an appeal filed by the State Government under Clause X of the Letters Patent challenging the order dated 4.1.2013 passed by the learned Writ Court in C.W.J.C. No.3022 of 2008. The petitioner was recommended for appointment in a Class-3 post by the District Compassionate Appointment Committee. The recommendation of the State Government was not accepted and instead, based on a Circular issued, it was tried to be indicated that the appointment cannot be granted. Subsequently, based on the provisions of Bihar Panchayat Primary Teacher (Appointment and Service Conditions) Rules,
Patna High Court LPA No.621 of 2014 dt.07-12-2017
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2006, the claim was resisted. However, the learned Writ Court found that the so called change in the Circular and provision will not affect the case of the petitioner as the recommendation of the petitioner was made prior to coming into force of the Circular and that the Writ Court directed for grant of compassionate appointment.
Now in view of the the law laid down by the Hon’ble Supreme Court in the case of Mukesh & Anr. Vs. The State of Bihar & Ors., (2017) 5 SCC 383, once the recommendation was made for appointment in a Class 3 post prior to 1.7.2006 in a regular pay-scale, the State Government is required to grant the appointment.
Keeping in view the law laid down in the case of Mukesh (supra), we see no reason to make any indulgence into the matter. The appeal stands dismissed.
(Rajendra Menon, CJ)
( Anil Kumar Upadhyay, J)
K.C.Jha/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 12.12.2017 |
| Transmission Date |
2 issues framed by the court
Whether the respondent is entitled to compassionate appointment in a Class-3 post despite subsequent circular changes.
Whether the recommendation made prior to the 2006 Rules binds the State Government to grant appointment.
Colour shows how this judgement treated each authority
Mukesh & Anr. Vs. The State of Bihar & Ors.Explained¶22
Mukesh & Anr. Vs. The State of Bihar & Ors., (2017) 5 SCC 383 · Who else cites this
State of Bihar through Commissioner cum Secretary, Primary Education Department, Government of Bihar, Patna
Director, Primary Education Department, Government of Bihar, Patna
Regional Deputy Director of Education, Saran Division, Chapra
District Education Officer, Gopalganj
District Superintendent of Education, Gopalganj
Om Prakash Narain son of late Visnudev Prasad
Rajendra Menon
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
