Mamta Kumari v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1065 of 2017 Anita Kumari D/o Late Sheo Shankar Prasad, Resident of Village- Chapra, P.S.- Akorhigola, District- Rohtas.
The State Of Bihar The Collector, Kaimur.
The District Education Officer, Kaimur.
The District Programme Officer, Kaimur.
The Block Development Officer, Rampur Block District- Kaimur. The Block Education Officer, Rampur Block, District- Kaimur. Civil Writ Jurisdiction Case No. 12646 of 2017 Gangesh Gunjan Son of Late Murlidhar Mishra, Residentof Village, P.O.- Patsa, P.S.- Hasanpur, Dist- Samastipur.
The State Of Bihar The District Magistrate, Samastipur.
The District Programme Officer Establishment, Samastipur. The District Education Officer, Samastipur.
Civil Writ Jurisdiction Case No. 12707 of 2017 Md. Hasnain Alam son of Late Md. Akram resident of Village - Mahiskol, Post Office - Bansbari, P.S. - Araria, District - Araria. Md. Saddam Husain son of late Md. Shamim Ahmad Resident of Village - Joginder, Ward No. 01, P.O. - Gairki, P.S. Mahalgaon, District - Araria. The State Of Bihar The District Magistrate, Araria.
District Education Officer, Araria.
District Programme Officer, Araria.
2/15 Block Education Officer, Araria.
Block Education Officer, Jokihat, District - Araria. District Compassionate Appointment Committee, Araria, through the District Magistrate, Araria.
National Council for Teachers Education through the Regional Director Eastern Region, 15Neel Kanth Civil Writ Jurisdiction Case No. 15416 of 2017 Chandra Shekhar Mandal S/o Late Shambhu Kumar Mandal R/o At - Thapkol, P.O. - Ragholi, P.S. - Dandkhora, District - Katihar. Navnita Mowar D/o Sri Nirmal Mowar R/o At - Bhagwati Asthan, P.O. - Manihari, P.S. - Manihari, District - Katihar. The State Of Bihar The Principal Secretary, Education Department, Government of Bihar, Patna.
The Director, Primary Education, Government of Bihar, Patna. The District Magistrate, Katihar, District - Katihar. The District Education Officer, Katihar, District Katihar. The District Programme Officer Establishment, Katihar, District - Katihar. The Block Development Officer, Dandkhora, Block - Dandkhora, District - Katihar.
The Block Development Officer, Manihari, Block - Manihari, District - Katihar.
9.
The Block Education Officer, Dandkhora Block - Dandkhora, District - Katihar.
10.
The Block Education Officer, Manihari, Block - Manihari, District - Katihar. Civil Writ Jurisdiction Case No. 985 of 2018 Mamta Kumari D/o Mahavir Prasad Mallik, Resident of Mohalla-Hanuman Nagar Moti Kag Ward no. 7 P.S. Kishanganj, District-Kishanganj. The State Of Bihar
3/15 The Director Primary Cum Middle Human Resource Department Govt. of Bihar, Patna.
The District Magistrate Cum Chairman District Compassionate Committee Kishanganj.
The District Education Officer Kishanganj.
The District Programme Officer, Establishment, Kishanganj. The Block Extension Education officer Kishanganj. The Headmaster Idial Middle School Jagnnath District-Kishanganj. The Executive Officer Nagar Parishad Kishanganj. Civil Writ Jurisdiction Case No. 2651 of 2018 Atul Raja S/o Late Surya Narayan Sah, R/o at ward No.01 Dholbajja, Dholbaja, P.S.- Forbesganj, District- Araria at present living at Mahammadganj, BlockP.S.- Chhatpur, District- Supaul. The State Of Bihar The Principal Secretary, General Administration Department, Government of Bihar, Patna.
The Principal Secretary, Education Department, Government of Bihar, Patna.
The Director, General Administration Department, Government of Bihar, Patna.
The Director, Education Department, Government of Bihar, Patna. The District Magistrate-cum-Chairman, District Compassionate Committee, Supaul, District- Supaul.
The District Education Officer, Supaul, District- Supaul. The District Programme Officer Establishment Supaul, District- Supaul. 9.
The Block Education Officer, District- Supaul. Civil Writ Jurisdiction Case No. 2813 of 2018 Md. Imran Alam son of Late Abul Kasim Ansari @ Abu Kasim Ansari resident of village - Islamtoli, P.S. - Town, Dist - Aurangabad. The State Of Bihar
4/15 The Principal Secretary Education Department, Govt. of Bihar. The Director Primary Education Govt. of Bihar, Patna. The District Magistrate, Aurangabad.
The District Education Officer, Aurangabad.
The District Programme Officer Establishment, Aurangabad. The Block Education Officer, Madanpur, P.S./Anchal Madanpur, Dist - Aurangabad.
Civil Writ Jurisdiction Case No. 3298 of 2018 Sangeeta Devi @ Sangeeta Kumari Wife of late Amar Kumar Raut Resident of Village Miskar Toli, Ram Nagar, Post Police Station- Ram Nagar, DistrictWest Champaran. The State Of Bihar The District Magistrate, East Champaran at Motihari. The District Magistrate-Cum-Chairman of the District Compassionate Appointment Committee, East Cham The District Programme Officer, Establishment, East Champaran at Motihari.
The District Education Officer, East Champaran at Motihari. The Principal, Zeela School, Motihari, District- East Champaran. Civil Writ Jurisdiction Case No. 3354 of 2018 Jaansher Khan Son of Late Jamal Ahmad Khan, Resident of Ward No.2, Village- Bahadurganj, Noorganj, P.O.- Samastipur, P.S.- Waris Nagar, District- Samastipur at present resident of E-12/34, Hauzrani, Malviyanagar, South Delhi, Delhi.
The State Of Bihar The Director Primary and Secondary Education, Bihar, Patna. The District Magistrate, Samastipur.
The District Education Officer, Samastipur.
The District Superintendent Officer, Samastipur.
5/15 The Block Education Officer, Waris Nagar, District- Samastipur. The Head Master, State Primary Urdu School, Begampur, Waris Nagar, District- Samastipur.
Civil Writ Jurisdiction Case No. 9374 of 2018 Pooja Kumari Daughter of Late Dinesh Prasad Shricastaa, Resident of Village P.O.-Lakhanpur, P.S.-Lauria, District-West Champaran BIhar. Sunita Srivastva Wife of Late Rakesh Kumar Resident of Village-Siyarahi Mathiya P.O.-Majhariya Kishun P.S.-Nautan, Distirct-West Champaran Bihar.
The State Of Bihar The Principal Secretary, Department,of Education, Government of Bihar, Patna.
The Director, Primary Education, Department of Education, Government of BIhar, Patna.
The District Programe Officer, Establishment, West Champaran, Bettiah, Bihar.
Civil Writ Jurisdiction Case No. 9599 of 2018 Pushkar Kumar Son of Arun Kumar Singh Resident of Village- Chakwa, Jujharpatti, P.O.- Bathnaha, P.S. Bathnaha, Block- Bathnaha, DistrictSitamarhi. Dheerendra Kumar Jha Son of late Ramanand Jha Resident of VillageBangaon, P.O. Bajpatti, P.S. Bajpatti, Block- Bajpatti, District- Sitamarhi. Jag Mohan Krishna Son of Ram Sagar Rai Resident of Village- Naya Tola, Mehsoul, P.O. Sitamarhi, P.S.Sitamarhi, Block- Dumra, District- Sitamarhi. Pranav Prakash Son of Janardan Jha Resident of Village- Bishanpur, P.O. Pacharwa, P.S.- Majorganj, Block- Majorganj, District- Sitamarhi. Manish Kumar Son of Birendra Kumar Choudhary Resident of VillageDighi, P.O. Bathnaha, P.S. Bathnaha, Block- Bathnaha, District- Sitamarhi. Chanda Kumari Wife of late Shivjee Kumar Resident of Village- Pamra, P.O. Raghopur Bakhari, P.S. Dumra Block- Dumra, District-Sitamarhi. Kundan Kumar Son of Biju Ram Resident of Village- Khaira Pahari, P.O. Sonaul Sultan, P.S. Purnahiya Block- Purnahiya, District Sheohar. Nigam Bharti Son of late Vishwanath Thakur Resident of Village-
6/15 Purnahiya, P.O. Bathnaha, P.S. Bathnaha, Block- Bathnaha, DistrictSitamarhi. 9.
Ravi Shankar Jha Son of late Pankaj Jha Resident of Village- Dighi, P.O. Bathnaha, P.S. Bathnaha, Block- Bathnaha, District- Sitamarhi. 10.
Sunita Ray Wife of late Shashi Bhushan Resident of Village- Manikpur, Musharnia, P.O. Andauli, P.S. Parihar, Block- Parihar, District- Sitamarhi. 11.
Nitu Kumari Wife of late Sudhir Kumar Resident of Village- Inamat P.O. Bhaurgarh, P.S. Nanpur, Block- Bokhara, District- Sitamarhi. 12.
Prashant Kumar Son of late Shashikant Jha Resident of Purani Math, Janki Asthan, P.O. Sitamarhi, P.S. Sitamarhi, Block- Dumra, District- Sitamarhi. The State Of Bihar The Principal Secretary, Department of Education, Government of Bihar, Patna.
The Secretary, Department of Education, Government of Bihar, Patna. The Director, Primary Education, Department of Education, Government of Bihar, Patna.
The District Magistrate, Sitamarhi.
The District Education Officer, Sitamarhi.
The District Programme Officer Establishment, Sitamarhi. The Regional Director, NCTE, East Region, 15, Neelkanth Nagar, Nayapalli, Bhuvneshwar, Orissa.
Civil Writ Jurisdiction Case No. 10210 of 2018 Rekha Devi Wife of Late Lalan Kumar Yadav Village - Ranipur, P.O. Basudeopur Bira, P.S. Sadar, District - Darbhanga. The State Of Bihar The Director, Primary Education, Govt. of Bihar, Patna. The District Education Officer, Darbhanga.
The District Programme Officer Establishment, Darbhanga. The Block Development Officer, Kewati Cum Member Secretary, Block Teacher Appointment Committee Kew
7/15 Civil Writ Jurisdiction Case No. 10627 of 2018 Mani Bhushan Singh son of Late Sitaram Singh, resident of Village- Bansi Pachara, Ward No. 8, PO- Aura, Block- Taryani, PS- Taryani, DistrictSheohar. The State Of Bihar The Principal Secretary, Department of Education, Government of Bihar, Patna.
The Secretary, Department of Education, Government of Bihar, Patna. The Director, Primary Education, Department of Education, Government of Bihar, Patna.
The District Magistrate, Sheohar.
The District Education Officer, Sheohar.
The District Programme Officer Establishment, Sheohar. The Regional Director, NCTE, East Region, 15, Neelkanth Nagar, Nayapalli, Bhuvneshwar, Orissa.
Civil Writ Jurisdiction Case No. 842 of 2019 Shobha Devi Wife of Late Mukesh Kumar Ram Resident of Village- Baso Kubauli, P.O.- Kubauli Ram, P.S.- National Highway Bangra, DistrictSamastipur The State Of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna The Principal Secretary, Department of Education, Government of Bihar, Patna The Director, Primary Education, Department of Education, Government of Bihar, Patna The District Magistrate, Samastipur, District- Samastipur The District Education Officer, Samastipur, District- Samastipur The District Programme Officer, Establishment (Education), Samastipur, District- Samastipur Block Development Officer, Tajpur, District- Samastipur The Block Education Officer, Tajpur, District- Samastipur 9.
The Headmaster, Baso Kabauli, Middle School, Block- Tajpur, DistrictSamastipur
8/15 Civil Writ Jurisdiction Case No. 1573 of 2019 Shikha Kumari Wife of late Manish Kumar Sinha Resident of Near Registry Office, Sirchand Nawada Jamui, P.S. Jamui, Distt. Jamui. The State Of Bihar through Principal Secretary, Department of Education, Govt. of Bihar, Patna The District Magistrate, Munger District Munger The Regional Deputy Director Educatio, Munger, Distt. Munger The District Education Officer, Munger, District - Munger The District Programme Officer, Establishment Munger, Distt. Munger The Municipal Corporation, Munger through its Municipal Commissioner, Munger Municipal Corporation Munger, Distt. Munger The Municipal Commissioner-Cum-Member Secretary, Municipal Teacher Employment Unit, Munger, Distt. Munger Civil Writ Jurisdiction Case No. 6096 of 2019 Shuchita Kumari Widow of Late Prem Kumar Bishwas Resident of village Charakpara, P.S.- Rauta, District- Purnea.
The State of Bihar .
The Principal Secretary Education Department, Govt. of Bihar, Patna. District Magistrate Purnea District, Purnea.
The District Education Officer Purnea, District- Purnea. The District Programme Officer (Establishment) Purnea, District- Purnea. The Block Education Officer Baisa District- Purnea. The Employment Unit Gram Panchayat Raj, Chandwar, P.S.- Angarh Hat, District- Purnea.
The Mukhiya Gram Panchayat Raj, Chandwar, P.S.- Angarh Hat, DistrictPurnea. 9.
The Panchayat Sachib Gram Panchayat Raj, Chandwar, P.S.- Angarh Hat, District- Purnea.
10.
The District Teachers Appointment Appellate Tribunal Purnea, DistrictPurnea.
9/15 11.
The State Appellate Authority Education Department, Bihar, Patna. 12.
Ranjit Kumar Das Son of Late Doman Prasad Das Rajaram Mahto Resident of Village- Khagra, P.S. and District- Kishanganj. Civil Writ Jurisdiction Case No. 8357 of 2019 Abhijeet Singh Baghel S/o Late Dadan Prasad R/o Village-Barna, P.O.- Nashej, P.S.-Kudra, District-Kaimur The State of Bihar through the Chief Secretary, Government of Bihar, Patna The Principal Secretary Education Department, Government of Bihar, Patna The Director Primary Education, Government of Bihar, Patna The District Magistrate Kaimur The District Education Officer Kaimur The District Compassionate Appointment Committee through the Chairman, the District Magistrate, Kaimur Civil Writ Jurisdiction Case No. 8867 of 2019 Sudhir Kumar Mishra Son of Kameshwar Mishra Resident of Bank Colony, Vishnu Nagar, Anaith, Arrah, Bhojpur P.S.
-Nawada, Vishnu Nagar, Anaith, Arrah, Bhojpur P.S.-Nawada, District-Bhojpur (Arrah) The State of Bihar through Director Primary Education, Government of Bihar, Patna The District Magistra-Cum-Chairman Compassionate Appointment Committee, Bhojpur, Arrah The District Education Officer, Bhojpur at Arra. The District Programme Officer (Establishment) Bhojpur, Arra. The Municipal Commissioner, Municipal Coporation, Bhojpur, Arra. Civil Writ Jurisdiction Case No.
10/15 Manoranjan Kumar S/o Late Shambhu Prasad Mandal Resident of VillageBastaul, Police Station Pranpur, Dist.-Katihar The State of Bihar through Principal Secretary, Education Department, Bihar, Patna The District Magistrate, Katihar The District Programme Officer (Establishment), Katihar The District Education Officer, Katihar The Block District Education Officer, Pranpur, Katihar Block District Education Officer, Korha, Katihar Civil Writ Jurisdiction Case No. 13970 of 2019 Anita Devi Wife of Late Naresh Thakur Resident of Village- Chapra Farid, P.O.- Chandanpatti, P.S.- Sakra, District- Muzaffarpur. The State of Bihar through the Principal Secretary, General Administration Department, Government of Bihar, Patna.
The Principal Secretary, Education Department, Government of Bihar, Patna.
The Principal Secretary, Education Department, Government of Bihar, Patna.
The Director, General Administration Department, Government of Bihar, Patna.
The Director, Primary Education, Government of Bihar, Patna. The District Compassionate Committee, Samastipur, District- Samastipur through its Chairman.
The Collector-cum-the Chairman, District Compassionate Committee, Samastipur, District- Samastipur.
The District Education Officer, Samastipur, District- Samastipur. 9.
The District Programme Officer (Establishment), Samastipur, DistrictSamastipur. 10.
The Block Education Officer, Warisnagar, Block- Warisnagar, DistrictSamastipur. Civil Writ Jurisdiction Case No. 16160 of 2019
11/15 Pankaj Kumar Son of Ramadhar Tripathi, Resident of Mohalla- Bagmali Gachchi, P.O. Hajipur, P.S. Hajipur, District- Vaishali. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.
The Deputy Secretary, Department of Education, Patna. The Director, Department of Education, Bihar, Patna. The District Education Officer , Vaishali at Hajipur. The District Programme Officer (Establishment), Vaishali at Hajipur. Civil Writ Jurisdiction Case No. 16247 of 2019 Amrendra Kumar Son of Late Nagendra Prasad Nirala@Nagendra Chaupal Resident of Village and P.O.- Sattar, P.S.- Bihra, District- Saharsa. The State of Bihar Through the Principal Secretary, Department of Education, Government of Bihar, Patna.
The Principal Secretary, Department of Education, Government of Bihar, Patna.
The Director, Secondary Education, Government of Bihar, Patna. The Director, Primary Education, Government of Bihar, Patna. The District Magistrate, District- Supaul.
The Regional Deputy Director of Education, Koshi Division, Saharsa. The District Education Officer, Supaul.
The District Programme Officer (Establishment), Supaul. 9.
The Block Education Officer, Supaul Civil Writ Jurisdiction Case No. 16333 of 2019 Ranjeet Kumar Son of Late Kamal Narayan Yadav Resident of VillageLakhnipatti, P.O.- Nemua, P.S.- Supaul, District- Supaul. The State of Bihar Through the Principal Secretary, Department of
12/15 Education, Government of Bihar, Patna.
The Principal Secretary Department of Education, Government of Bihar, Patna.
The Director Secondary Education, Government of Bihar, Patna. The Director Primary Education, Government of Bihar, Patna. The District Magistrate District- Supaul.
The Regional Deputy Director of Education Koshi Division, Saharsa. The District Education Officer Supaul.
The District Programme Officer (Establishment) Supaul. 9.
The Block Education Officer Supaul.
Appearance :
(In Civil Writ Jurisdiction Case No. 1065 of 2017) For the Petitioner/s :
Mr.Bhaskar Shankar For the Respondent/s :
Mr. AC to AG (In Civil Writ Jurisdiction Case No. 12646 of 2017) For the Petitioner/s :
Mr.Sabal Kumar Jha For the Respondent/s :
Mr. Umesh Narayan Dubey, AC to Gp27 (In Civil Writ Jurisdiction Case No. 12707 of 2017) For the Petitioner/s :
Mr.Baleshwar Kamat For the Respondent/s :
Mr.Smt. Binita Singh-Sc28 (In Civil Writ Jurisdiction Case No. 15416 of 2017) For the Petitioner/s :
Mr.Mrityunjay Kumar For the Respondent/s :
Smt. Abhanfali, AC to-Ga-12 (In Civil Writ Jurisdiction Case No. 985 of 2018) For the Petitioner/s :
Mr.Ram Subhas Singh For the Respondent/s :
Mr.Prabhakar Jha- Gp27 Mr. Bindhyachal Rai (In Civil Writ Jurisdiction Case No. 2651 of 2018) For the Petitioner/s :
Mr.Mrityunjay Kumar For the Respondent/s :
Mr.Md.N.H.Khan -Sc1 (In Civil Writ Jurisdiction Case No. 2813 of 2018) For the Petitioner/s :
Mr.Sabal Kumar Jha For the Respondent/s :
Mr.Prabhakar Jha -Gp27 (In Civil Writ Jurisdiction Case No. 3298 of 2018) For the Petitioner/s :
Mr.Anil Kumar For the Respondent/s :
Mr.J.K. Roy No.1- Sc13 (In Civil Writ Jurisdiction Case No. 3354 of 2018) For the Petitioner/s :
Mr.Syed Asgher Najmi For the Respondent/s :
Mr. AC to GP-20 (In Civil Writ Jurisdiction Case No. 9374 of 2018) For the Petitioner/s :
Mr.Prince Kumar Mishra For the Respondent/s :
Mr.S.C.Mishra -Sc16 (In Civil Writ Jurisdiction Case No. 9599 of 2018) For the Petitioner/s :
Mr.Ashhar Mustafa For the Respondent/s :
Mr.Prabhakar Jha- Gp27 (In Civil Writ Jurisdiction Case No. 10210 of 2018) For the Petitioner/s :
Mr.Lalit Narayan Jha For the Respondent/s :
Mr.Kameshwar Kumar -Gp17 (In Civil Writ Jurisdiction Case No. 10627 of 2018)
13/15 For the Petitioner/s :
Mr.Ashhar Mustafa For the Respondent/s :
Mr.Jitendra Kr. Roy No-1-Sc13 (In Civil Writ Jurisdiction Case No. 842 of 2019) For the Petitioner/s :
Mr.Mrityunjay Kumar For the Respondent/s :
Mr.Kameshwar Kumar Gp17 (In Civil Writ Jurisdiction Case No. 1573 of 2019) For the Petitioner/s :
Mr.Ram Sevak Choudhary For the Respondent/s :
Mr. AC to GP-20 (In Civil Writ Jurisdiction Case No. 6096 of 2019) For the Petitioner/s :
Mr.Md. Rashid Alam For the Respondent/s :
Mr.Madanjeet Kumar (Gp20) (In Civil Writ Jurisdiction Case No. 8357 of 2019) For the Petitioner/s :
Mr.Kumar Kaushik For the Respondent/s :
Mr.Kameshwar Kumar ( Gp17 ) (In Civil Writ Jurisdiction Case No. 8867 of 2019) For the Petitioner/s :
Mr.Vijay Kumar Mishra For the Respondent/s :
Mr.Jitendra Kumar Roy 1 ( Sc13 ) (In Civil Writ Jurisdiction Case No. 9498 of 2019) For the Petitioner/s :
Mr.Rajendra Prasad Sah For the Respondent/s :
Mr.Kameshwar Kumar ( Gp17 ) (In Civil Writ Jurisdiction Case No. 13970 of 2019) For the Petitioner/s :
Mr.Mrityunjay Kumar For the Respondent/s :
Mr.Manish Kumar (Gp4) (In Civil Writ Jurisdiction Case No. 16160 of 2019) For the Petitioner/s :
Mr.Sabal Kumar Jha For the Respondent/s :
Mr.Jitendra Kr. Roy 1 (Sc13) (In Civil Writ Jurisdiction Case No. 16247 of 2019) For the Petitioner/s :
Mr.Pramod Mishra For the Respondent/s :
Mr.Madhaw Prasad Yadaw (Gp23) (In Civil Writ Jurisdiction Case No. 16333 of 2019) For the Petitioner/s :
Mr.Pramod Mishra For the Respondent/s :
Mr.Jitendra Kumar Roy 1 (Sc13) CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner sand the respondents.
The petitioners have approached this Court for a direction to the respondents to consider their cases for appointment on compassionate ground.
Learned counsel for the petitioners submits that in the year 2006 when the Rule was framed, provision was made that the dependents of the employee, who died in harness, to be
14/15 considered for compassionate appointment on the post of Panchayat Teacher. In 2012, the respondents have amended the Rule and introduced eligibility condition of passing training as well as TET, which has rendered the application for grant of compassionate appointment virtually redundant. In the aforesaid backdrop, the Court directed the Additional Chief Secretary-cum-Principal Secretary of the Education Department to consider the objective behind the compassionate appointment as social security measure to tide over the financial crisis on account of untimely death of the bread earner. Thereafter the Education Department constituted four member High Power Committee. The Committee after due deliberation submitted recommendation as contained in Memo No. 1275 dated 26.09.
2019 and the Committee recommended that the case of dependent may be considered for appointment on Class-III and Class-IV post, if they do not fulfill the eligibility condition for appointment as Panchayat Teacher.
15/15 of the High Power Committee as contained in Memo No. 1275 dated 26.09.2019 at the earliest preferably within a maximum period of four months from the date of receipt/production of a copy of this order.
The respondents cannot be heard saying after recommendation of the High Power Committee as contained in Memo No. 1275 dated 26.09.2019 that the petitioners are not qualified for the post of Panchayat Teacher, therefore, their claim for compassionate appointment is frustrated. They have to keep in mind that the compassionate appointment is a social security measure and it should be implemented like social security measure and technicalities should be avoided while taking decision for compassionate appointment. With the aforesaid observations and directions all the batch of writ applications stand disposed of. (Anil Kumar Upadhyay, J) uday/- U