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 Development Department sent communications to all District Magistrates and other officers to appoint eligible persons on the post of teachers. That letter reads as under:

"Letter No. 8/B3-102/02 Ma. 1078

Government of Bihar

Human Resources Development Department

From

Braj Kishore Pathak

Deputy Secretary to the Government

To

All District Magistrate

All Regional Deputy Director of Education

All District Superintendent of Education

Patna, dated 01/07/2006

Subject: In respect of appointment of dependents of Teachers on the basis of compassion on the post of Teacher

Sir,

In respect of the above-mentioned subject a ban was imposed on appointment of dependents of teachers on the post of teacher on compassionate grounds. For this reason information has been received that eligible trained dependents are being appointed on Class III and IV posts at several places. In this regard requests have been received by the Government from various sources that the aforesaid circulars may be reconsidered. Since for last several years the system for training teachers has been dormant in the State, therefore after careful consideration it has been decided in this regard that dependents who are trained and have requisite qualifications can be appointed on compassionate grounds in case they fulfill the conditions mentioned in the relevant circulars of the Personal and Administrative Reforms Department of the Government. In special circumstances is the dependent has minimum qualification, which is intermediate or equivalent for primary teachers, but has not received training, he shall be granted 5 years time for training after appointment.

Kindly steps may be taken in the light of the aforesaid and the concerned cases may be disposed of. If any dependent has been appointed on other Class III and IV posts despite his being trained, then steps should be taken for his appointment on the post of teacher.

Yours faithfully

Braj Kishore Pathak

Deputy Secretary to the Government

Memo No. 1078/Patna, dated 01/07/2006

Copy to- Director, Primary Education/Director, Intermediate Education and all Deputy Development Commissioner for information and necessary action.

Yours faithfully

Braj Kishore Pathak

Deputy Secretary to the Government"

In view of the aforesaid communication, District Compassionate Committee, Buxar again considered the appellant's case and recommended that he be appointed as a Teacher. Thereafter, District Superintendent of Education, Buxar issued order dated 25.11.2006 whereby he appointed the appellant as a Teacher in Girls Middle School, Raghunathpur, Block-Brahmpur on fixed pay. The relevant portions of that order are extracted below:

"Office of District Superintendent of Education, Buxar Office Order

In the light of order dated 29/06/2005 passed by Hon'ble High Court in CWJC No. 7258/05 entitled