Patna High CourtCWJC/4993/2014dismissed

Rakesh Kumar Roshan v. The State Of Bihar And ORS

2016-03-02Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4993 of 2014 ===========================================================

1. Rakesh Kumar Rohan/Roshan Son Of Late Ramnandan Singh Resident Of Village : - Chiraillidih, P.O. : - Chirailli, P.S. : - Khizarsarai, District : - Gaya .... .... Petitioner/s

Versus

1. The State Of Bihar through Principal Secretary Personal and Administrative Department, Bihar

2. The Director, Bihar Elementary Education, New Secretariat

3. The Regional Deputy Director of Education, Magadh Pramandal, Gaya

4. The District Education Officer

5. The District Programme Officer

6. The Headmaster, Lalu Bigha Primary School , Block Khizarsarai

7. Mukhiya, Chiraili Gram Panchayat, Block - Khizarsarai, Distt. Gaya .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Sinha For the Respondent/s : Mr. A.K.Singh, AC to GA 9 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 02-03-2016 The writ application has been filed by the petitioner to appoint the petitioner on a permanent basis as an Assistant Teacher instead of a Teacher on contract.

It may be clarified for record that the petitioner's engagement offered by the respondent authorities is under the compassionate scheme and not on merits as such of the petitioner. Rules for compassionate appointment with regard to such employees of the school has been notified by the State Government and it has even been upheld by a Full Bench of this Court and similar prayers have also been negated by a decision, which has been annexed as

Patna High Court CWJC No.4993 of 2014 dt.02-03-2016 2/2 Annexure- B to the counter affidavit filed on behalf of the State. Since such appointments are not constitutional rights but flows from a particular policy, petitioner cannot expect or demand anything higher than what the policy envisages. Writ has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) sk U