Bhola Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 18731 of 2018 ====================================================== Bhola Kumar Singh Son of Late Ramashish Singh, Resident of VillageBisanpur, P.S. Tajpur, District Samastipur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Director, Primary Education, Government of Bihar, Patna. 4.

The District Magistrate, Samastipur.

5.

The District Education Officer, Samastipur.

6.

The District Programme Officer est., Samastipur. 7.

The Block Development Officer, Morwa, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Prakash Verma, Advocate For the Respondent/s :

Mr.Kameshwar Kumar- GP17 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-09-2025 The petitioner has filed the instant application for the following reliefs:

"(I) For holding and directing the respondents to consider and appoint the petitioner on the post of Assistant Teacher or any class III post in regular pay scale as has been granted to other similarly situated persons and further for issuance of an appropriate writ to modify and give a direction to the concerned respondent to make the necessary alteration in the appointment letter regarding appointment as a Panchayat Teacher contained in memo no.414 dated 31.08.2010 on the basis of policy decision

Patna High Court CWJC No. 18731 of 2018(1002) dt.04-09-2025 2/3 contained in letter no.6905 dated 17.10.2008 issued by the Personnel and Administrative Reforms Department, Government of Bihar, Patna (Now General Administration Department) by which it was directed to all the District Magistrate Cum Chairman, District Compassionate Committee that the post of Panchayat Teacher/Block Teacher/Nagar Teacher are not the post of within the control of the Government and as such making recommendation for compassionate appointment against such post is beyond the jurisdiction. (II).

For a direction to the respondent concerned to reconsider to appoint the petitioner on the post of Class III or an Assistant Teacher under the Government in regular scale in light of judgment and order passed by the Hon'ble Court and Hon'ble Apex Court as well as an advisory issued by the Education Department, Government of Bihar vide memo no.38 dated 12.01.2018 whereby it was resolved that if the District Compassionate Committee has made recommendations in respect of the wards of a Government servant, who died prior to 01.07.2006 for compassionate appointment under the Government and it had to be made accordingly and there can be no interference therewith.

(III). For directing the respondents to appoint the petitioner on the post of Assistant Teacher or

Patna High Court CWJC No. 18731 of 2018(1002) dt.04-09-2025 3/3 any suitable post of Class III in regular scale as similarly situated employees have been granted. (IV). For any other appropriate relief/reliefs to petitioners are found entitled in the facts and circumstances of this case including the cost of this litigation."

2. Learned counsel for the petitioner seeks permission to withdraw this application.

3. This application is dismissed as withdrawn. (Partha Sarthy, J) Bibhash/- U