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Patna High CourtCWJC/6559/2026disposed

Parshuram Ishwar v. The State Of Bihar

2026-05-04Mr. Justice Ajit Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6559 of 2026 ====================================================== Parshuram Ishwar Son of Late Dev Shankar Ishwar, Resident of VillageSalempur, P.O- Naipur, Police Station- Bachhwara, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Director, Secondary Education, Education Department, Government of Bihar, Patna.

3.

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

4.

The District Magistrate -Cum- Chairman, The District Compassionate Committee, Munger.

5.

The District Education Officer, Munger.

6.

The District Programme Officer (Establishment), Munger. 7.

The Headmaster, Gandhi High School, Kutlupur, Munger Sadar, Munger. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Kumar Jha For the Respondent/s :

Mr. Sitaram Yadav, Government Pleader (16) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 04-05-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The instant writ application has been filed for the following reliefs:- (i) To consider the application of the petitioner for appointment on the post of clerk on compassionate ground of the death of his father in harness on 11.05.2017 from the post of Assistant Teacher in the light of Letter No.2814 dated 26.09.2025 issued under the signature of the Secretary-cumDirector, Secondary Education, Education

2/4 Department, Government of Bihar, Patna as well as direction contained in Letter No.2824 dated 26.09.2025 issued under the signature of the Deputy Director, Secondary Education, Education Department, Government of Bihar, Patna, whereby and whereunder the mandatory marks of 45% in Intermediate or Equivalent Degree for appointment on compassionate ground has been relaxed, as the less than 45% marks in Intermediate shall be considered for appointment on compassionate ground.

(ii) To direct the respondent no.5 to place the matter of the petitioner for appointment on compassionate ground before the competent District Compassionate Committee, Munger for consideration.

(iii) For directing the respondent no.4 to consider the application of the petitioner for appointment on compassionate ground in the light of order contained in Letter No.2814 dated 26.09.2025 (Annexure-P/4).

(iv) For directing the respondent authorities to appoint the petitioner on compassionate ground due to death of his father, who died in harness on 11.05.2017 from the post of Zila Parishad Madhyamik Teacher leaving behind him a wife, son and one daughter those are living in starvation; due to nonaction on the application of the petitioner on compassionate ground.

(v) For any other relief to which the petitioner is found entitled.

3. Learned counsel for the petitioner submits that the petitioner's father died in harness on 11.05.2017 while serving as a Zila Parishad Madhyamik Teacher at Gandhi High School,

3/4 Kutlupur, Munger, in the district of Munger. The petitioner filed an application for compassionate appointment within the stipulated time on 08.05.2018 vide Letter No. 57 dated 08.05.2018 issued by the Headmaster, Gandhi High School, Kutlupur, Munger, addressed to the District Programme Officer (Establishment), Munger. It is further submitted that Respondent Nos. 5 and 6 orally directed the petitioner to file a fresh application for compassionate appointment. Accordingly, a fresh application was forwarded by the Headmaster of Gandhi High School, Kutlupur, Munger, vide Letter No. 29 dated 12.07.2025 addressed to the District Programme Officer (Establishment), Munger, which is still pending for consideration.

4. It is further submitted that the Deputy Director, Secondary Education, Education Department, Government of Bihar, Patna, has already issued Memo No. 2824 dated 26.09.2025 to the District Education Officer, Munger, directing consideration of the petitioner's application for compassionate appointment.

5. Learned counsel further submits that despite issuance of the necessary guidelines, the representation made by the petitioner before the District Education Officer, as well as before the Deputy Director, Secondary Education, has not been

4/4 acted upon till date.

6. On the other hand, learned counsel for the State submits that appropriate directions may be issued, as the matter relates to compassionate appointment, and the concerned authorities may be directed to decide the issue strictly in consonance with the directions issued by the Deputy Director, Secondary Education, as contained in Annexure-P/3 to the writ application.

7. Considering the aforesaid, the respondents are directed to consider the entitlement of the petitioner for appointment on compassionate grounds within a period of eight weeks from the date of submission of a fresh representation along with a copy of this order. The petitioner shall file such representation within a period of two weeks from today. Upon receipt of the same, the respondents shall consider the case and communicate the decision to the petitioner.

8. With the aforesaid observations and directions, the instant writ application stands disposed of.

(Ajit Kumar, J) shikha/- U