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2017 Supreme(SC) 320

S.A.BOBDE, L.NAGESWARA RAO
MUKESH – Appellant
Versus
STATE OF BIHAR – Respondent


JUDGMENT

L. NAGESWARA RAO, J.

Leave granted.

The Appellants are children of Government employees who died in harness. They applied for appointment to Class III Government posts on the basis of instructions governing compassionate appointments. The competent authority recommended the appointment of some of the Appellants in Class III posts. However, they were appointed on fixed pay as Prakhand Teachers/Panchayat Shikshaks/Nagar Shikshaks, etc. The Writ Petitions filed by them were allowed and the Respondents were directed to appoint them in Class III or Class IV posts or to pay them regular pay scales in the post of Assistant Teacher. The Appeals filed by the Government challenging the said judgment in the writ applications were allowed. The Appellants who have challenged the judgment of the Division Bench of the High Court in these Appeals submitted that they are covered by a judgment of this Court in Vishwanath Pandey v. State of Bihar and Others, reported in (2013) 10 SCC 545. Vishwanath Pandey who was similarly situated to the Appellants succeeded in the Writ Petition filed by him for appointment on a regular pay scale. However, the said judgment was reversed by a Division Bench.





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