Sanjay Kumar Mandal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3893 of 2016 ====================================================== Sanjay Kumar Mandal Son of Late Ramdeo Mandal, Resident of Deep Nagar D.N. Chief Ghat Road Adampur, Police Station - Adampur, District - Bhagalpur.

... ... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Human Resources Development Department, Government of Bihar, Patna.

2. The Collector, Bhagalpur.

3. The District Education Officer, Bhagalpur.

4. The Sub Divisional Education Officer, Bhagalpur (South) District - Bhagalpur.

5. The Circle Officer, Jagdishpur, District - Bhagalpur.

6. The Principal, Mokshada Girls Inter School, Bhagalpur, District - Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pravin Kumar Sinha, Advocate For the Respondent/s :

Mr. Manoj Kumar, AC to SC 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 24-01-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The grievance of the petitioner in the present case is nonconsideration of his case for compassionate appointment. From the counter affidavit it appears that the respondents are maintaining stand that the petitioner is not holding requisite qualification for appointment as primary teacher. The object behind compassionate appointment is to provide financial assistance to the family of the employee who died in harness to tied over the financial crisis.

The petitioner has no choice but to accept any post on

Patna High Court CWJC No.3893 of 2016(2) dt.24-01-2018 2/3 compassionate appointment, the petitioner cannot claim, as a matter of course that his case should be considered for appointment as Panchayat Teacher. The circular for appointment of Panchayat Teacher in view of the subsequent change requires passing of training examination and also passing of TET examination. If a person has passed all the rigours then in that situation there is nothing like compassionate appointment or consideration of appointment on compassionate ground for appointment of the dependent of the bread earner who died in harness.

The idea behind compassionate appointment is social security measures to tied over the financial crisis and the respondents are required to take final decision for compassionate appointment against any class III or Class IV post and they cannot deny consideration of the case of the petitioner for compassionate appointment on the ground that the petitioner does not possess the requisite qualification for appointment on the post of Panchayat Teacher.

Patna High Court CWJC No.3893 of 2016(2) dt.24-01-2018 3/3 order.

It is made clear that any circular issued by the respondents to consider the case for compassionate appointment only against the post of Panchayat Teacher ignoring the very concept of appointment which was adopted as measure of social security, is not applicable in the matter of compassionate appointment unless the applicant claims that his case is to be considered for appointment only against the post of Panchyat teacher. With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) spandey/- U