Disposed¶35

The State of Bihar and Ors. v. Pawan Kumar

Patna HC17 Jan 2026L.P.A/1803/2010

Case brief

AI extract

What is this about?

Patna High Court; Letters Patent Appeal No.1803 of 2010; L.P.A; disposed in terms of LPA No.1472 of 2015 (State of Bihar v. Rhituraj Saraubh); SLP(Civil) No.29655 of 2010; compassionate appointment; District Compassionate Appointment Committee Jehanabad; Panchayat/Prakhand/Nagar Shikshak posts; Group-Ga post; memo no. 486 dated 24.4.08; letter no.6905 dated 17.10.2008; CWJC No.14714 of 2009; C.W.J.C. No. 10616 of 2009; Class III/Class IV posts; regular pay scale; arrears of salary; Sudhir Singh J; Ritesh Kumar J; Pawan Kumar; consent disposal.

What did the court decide?

Appeal disposed of in the same terms as the Co-ordinate Bench order dated 18.04.2018 in LPA No.1472 of 2015 (The State of Bihar & Ors v. Rhituraj Saraubh & Ors.); the directions contained in that order govern the present case. ¶35

The State of Bihar and Ors. Vs Pawan Kumar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the instant Letters Patent Appeal, arising on facts and issues identical to those in LPA No.1472 of 2015, should be disposed of in the same terms as the Co-ordinate Bench order dated 18.04.2018 in that appeal.

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Court's answer

The instant appeal stands disposed of in the same terms as the order dated 18.04.2018 in LPA No.1472 of 2015, and the directions contained in that order govern the present case as well.

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Detailed headnote1 paragraphs

L.P.A. No. 1803 of 2010, High Court of Judicature at Patna (Sudhir Singh & Ritesh Kumar, JJ.; per Sudhir Singh, J.), decided 17-01-2026 - Intra-court appeal against order dated 08.01.2010 of the learned Single Judge in CWJC No.14714 of 2009, whereby writ applications seeking compassionate appointment (including the respondent's claim to appointment against a Group-Ga post, pay scale Rs.3050-4590/-, per recommendation of the District Compassionate Appointment Committee, Jehanabad, memo no. 486 dated 24.4.08) were allowed with directions: consideration in light of letter no.6905 dated 17.10.2008 of the Personnel and Administrative Reforms Department (Panchayat/Prakhand/Nagar Shikshak posts not being State Government posts and outside the Committee's jurisdiction); appointment on Government posts per Committee recommendation with regular Assistant Teacher pay scales; recall of applications returned by the Committee and fresh recommendation for Class III/Class IV posts; and regular-scale salary with arrears for those who had joined as Panchayat/Prakhand teachers on fixed salary. On consent - counsel for the respondent submitting, and counsel for the State not objecting, that the facts and issues were identical to LPA No.1472 of 2015 (The State of Bihar & Ors v. Rhituraj Saraubh & Ors.), disposed on 18.04.2018 after considering the Supreme Court's judgment in SLP(Civil) No.29655 of 2010 - the appeal was disposed of in the same terms, the directions in that order governing the present case.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1803 of 2010

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======================================================

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The State of Bihar and Ors. Department Of Human Resources, Government Of Bihar, Patna

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The Director, Primary Education Human Resources, Government Of Bihar, Patna

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The District Compassionate Appointment Committee Through Its Chairman Cum District Magistrate Jehanabad

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The Chairman District Compassionateappointment Committee Cum District Magistrate Cum Collector, Jehanabad

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The District Education Officer, Jehanabad

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The District Superintendent Of Education, Jehanabad

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... ... Appellants

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Versus

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Pawan Kumar, S/o Late Nagendra Sharma R/O Vill.- Karauta, P.S.Parasbigha In The District Of Jehanabad

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... ... Respondent

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====================================================== Appearance : For the Appellants : Mr. Amrendra Kumar, AC to GP-11 Mr. Nilotpal Sharma, AC to Ex GP-21 For the Respondent : Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

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8 17-01-2026

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The instant intra Court appeal is directed against the

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order dated 08.01.2010, passed in CWJC No.14714 of 2009.

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The writ petitioner had prayed for the following relief/s in the writ petition:-

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“I. For commanding the respondents to appoint the petitioner against the post of Group-Ga in the pay scale of Rs.3050- 4590/- in pursuance to the recommendation of the District Compassionate Appointment Committee

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Patna High Court L.P.A No.1803 of 2010(8) dt.17-01-2026 2/4

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contained in memo no. 486 dated 24.4.08 issued under the signature of the Chairman, District compassionate appointment committee cumDistrict Magistrate, Jehanabad (respondent no. 4).

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II. Also for any other relief/reliefs for which the petitioner is entitled in the eye of law.”

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Learned Single Judge has made the following

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consideration in CWJC No.14714 of 2009 and analogous matters vide order dated 08.01.2010:-

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“Discussing all relevant rules and law, finally a direction has been issued to the respondents to consider the case of the petitioners’ appointment in the light of letter no.6905 dated 17.10.2008 issued by Personnel and Administrative Reforms Department, Government of Bihar, Patna, where it has clearly been pointed out that the posts of Panchayat/Prakhand/Nagar Shikshaks are not the posts under the State Government and with respect to such posts the District Compassionate Committee cannot made any recommendation since it is beyond the jurisdiction of the District Compassionate Appointment Committee. Further direction has been issued to appoint the petitioners on the Government posts as per the recommendation of the District Compassionate Appointment Committee and allow regular pay scales of an Assistant Teacher. In such cases, where the application of the petitioners have

¶26

Patna High Court L.P.A No.1803 of 2010(8) dt.17-01-2026 3/4

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been returned by the District Compassionate Appointment Committee, direction has been issued to recall such applications filed by the petitioners for the compassionate appointment and make recommendation considering the qualification on any Class III or Class IV posts. A direction has also been issued in respect of such petitioners, who have no any option, have Joined on the post of Panchayat/ Prakhand teachers on a fixed salary, to make payment of saiary in the regular scale and also to make payment of arrears of salary in the regular scale.

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All these writ applications are allowed giving similar directions as mentioned above. The respondents will comply the direction of this Court in case of the petitioner as in the earlier writ applications. These writ applications were decided in the judgment passed in C.W.J.C. No. 10616 of 2009 and Analogous cases will apply in case of all similarly situated persons. As directed earlier, there should not be any undue delay in compliance of the direction of this Court, preferably the direction of this Court should be complied with within twelve weeks from the date of production/communication of this order.”

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A counter affidavit has been filed on behalf of the

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writ petitioner/respondent, wherein learned counsel submits that the instant appeal may be disposed of in terms of the order dated

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Patna High Court L.P.A No.1803 of 2010(8) dt.17-01-2026 4/4

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18.04.2018 passed by a Co-ordinate Bench of this Court in LPA No.1472 of 2015, titled as ‘The State of Bihar & Ors v. Rhituraj Saraubh & Ors.’ Learned counsel further submits that the said LPA was disposed of after considering the Hon’ble Supreme Court’s Judgment in SLP(Civil) No.29655 of 2010 .

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Learned counsel for the appellants/State states that he has no objection to submission made by the learned counsel for the writ petitioner/respondent, as the issue had already been settled by the Hon’ble Supreme Court.

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It is further submitted by learned counsel for the writ petitioner/respondent that the facts and issues arising in the present Letters Patent Appeal are identical to those considered in LPA No.1472 of 2015. This position is not disputed by the learned counsel for the appellants/State.

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Accordingly, the instant appeal stands disposed of in the same terms and the directions contained in the aforesaid order shall govern the present case as well.

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(Sudhir Singh, J.)

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(Ritesh Kumar, J.)

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Gaurav Kumar/-

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Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 08.01.2010 of the learned Single Judge in CWJC No.14714 of 2009 (and analogous matters), allowing the writ applications with directions on compassionate appointment.¶16-17
Patna High Court - learned Single Judge · 08.01.2010
Prior proceeding
In CWJC No.14714 of 2009 the writ petitioner prayed for appointment against the post of Group-Ga in the pay scale of Rs.3050-4590/- pursuant to the recommendation of the District Compassionate Appointment Committee contained in memo no. 486 dated 24.4.08 issued by the Chairman cum District Magistrate, Jehanabad.¶19
Prior proceeding
Vide order dated 08.01.2010 the learned Single Judge directed consideration in light of letter no.6905 dated 17.10.2008 of the Personnel and Administrative Reforms Department, Government of Bihar, which pointed out that Panchayat/Prakhand/Nagar Shikshak posts are not State Government posts and that recommendations for such posts were beyond the jurisdiction of the District Compassionate Appointment Committee.¶25
Prior proceeding
The Single Judge further directed recall of applications returned by the District Compassionate Appointment Committee and fresh recommendation for Class III or Class IV posts, and payment of regular-scale salary and arrears to petitioners who had joined as Panchayat/Prakhand teachers on fixed salary.¶27
Prior proceeding
All the writ applications were allowed with similar directions; the judgment in C.W.J.C. No. 10616 of 2009 was to apply to all similarly situated persons; compliance was preferred within twelve weeks of production/communication of the order.¶28
Prior proceeding
A counter affidavit was filed on behalf of the writ petitioner/respondent submitting that the appeal may be disposed of in terms of the order dated 18.04.2018 in LPA No.1472 of 2015.¶30
Prior proceeding
A Co-ordinate Bench of this Court had disposed of LPA No.1472 of 2015, titled 'The State of Bihar & Ors v. Rhituraj Saraubh & Ors.', on 18.04.2018 after considering the Hon'ble Supreme Court's judgment in SLP(Civil) No.29655 of 2010.¶32
Prior proceeding
Learned counsel for the appellants/State raised no objection to the respondent's submission, stating the issue had already been settled by the Hon'ble Supreme Court.¶33
Prior proceeding
Learned counsel for the writ petitioner/respondent submitted that the facts and issues in the present Letters Patent Appeal are identical to those in LPA No.1472 of 2015; the State did not dispute this.¶34

The State of Bihar and Ors. v. Pawan Kumar

Case brief

What is this about?

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The State of Bihar and Ors. v. Pawan Kumar

Case brief

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