Rahul Bhardwaj, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22679 of 2019 ====================================================== Rahul Bhardwaj, son of Late Srinivash Sharma, resident of Village- Upahara, Police Station - Upahara, District- Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through The Principal Secretary, Personnel and General Administrative Reform Department, Government of Bihar, Patna. 2.

The Principal Secretary, Primary Education, Bihar, Patna. 3.

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

The District Magistrate-cum- Chairman, District Compassionate Appointment Committee, Aurangabad.

5.

The District Education Officer (DEO), Aurangabad. 6.

The District Programme Officer (DPO), Aurangabad. 7.

The Member Secretary, Block Teachers Employment Unit-cum-Block Development Officer (BDO), Goh, District- Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajoy Kumar Chakraborty For the Respondent/s :

Mr. Ranjan Kumar, AC to GA-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 04-02-2020 Heard the learned counsel for the petitioner and the State.

The petitioner is aggrieved by the fact that by way of compassionate appointment in the event of death of his father who served as regular Teacher, he has been appointed on a Class-III post but with a fixed honorarium. The claim of the petitioner is that since he has been appointed as Panchayat Teacher, he should have

Patna High Court CWJC No.22679 of 2019 dt.04-02-2020 2/2 been appointed on regular basis and not with a fixed honorarium.

The prayer made on behalf of the petitioner is absolutely untenable. There is no vested right of a person to get appointed on a post of his choice. Compassionate appointments are no alternative mode of appointment and is granted to a person only to bail him out of the difficult times in the event of disruption of supply-line with the death of the sole bread-earner of the family. There is no reason for this Court to interfere with the appointment of the petitioner on compassionate ground on a fixed honorarium on which post he has been serving for the last four years.

There is no merit in the petition and therefore the same is dismissed.

(Ashutosh Kumar, J) skm/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 05.02.2020 Transmission Date