Judgment :

Leave granted.

The appellant is aggrieved by the judgment of the Division Bench of the Patna High Court declaring that he is entitled only to fixed pay admissible to a "Prakhand Teacher" and not the regular pay scale.

The appellant's father, Dadan Pandey, who was then serving as Assistant Teacher in Primary School Akodi, Block-Brahmpur, District Buxar died on 14.10.2004 leaving behind his widow, three sons and two daughters. The appellant submitted application dated 5.2.2005 for his appointment on compassionate ground. After some time, he filed CWJC No. 7258 of 2005 for issue of a mandamus to the concerned authority to decide his application. The writ petition was disposed of by the learned Single Judge of the High Court with a direction that the appellant's prayer for appointment on compassionate ground be decided within a maximum period of twelve weeks.

In compliance of the direction given by the High Court, District Compassionate Committee, Buxar recommended the appellant's case for appointment on a Class-III post. However, he was not given appointment because of the ban imposed by the State Government.

On 1.7.2006, Deputy Secretary to the Government, Human Resources Deve